Evening star., 1896-03-28
At q Standstlll.

Judge Cox's decision, declaring the high
way act unconstitutional removed that law,
at least temporarily, from the list Of stat
utes for the enforcement of which appro-
priations could reasonably be asked. Recog-
nizing this fact the board of trade decided
to hold in allegiance for the present IN the
hands of a special committee the PROPOSE
tion of bond issue for street extension
under the highway act, and to push vigor-
ously at this time the project Of a bond
issue for sewers. The Commissioners have
now attached the street extension provision
of the original bond bill as amendment
to the sewer bond proposition of the board
of trade, coupling with it proposed amend
mants of tine highway act which will. it is
thought, make that measure constitutional
and ulobjectionable.
The effect of this action of the Commits
sioners. which has the sympathy and sup
port of part of suburban Washington, is
fatal to immediate action on the sewer
bond proposition as Judge Cox's decision
was in its application to the highway act
bond issue. Those who believe that either
in the Court of Appeals or In the Supreme
Court of the United States the highway act
will be declared constitutional either
wholly except in certain particulars not
ciudes a majority of the Commissioners
are not ready to amend the highway act
until final decision shall show what if
any. parts of the law are unconstitutional
and need to be amended. Clearly the
amendments of the highway act which are
now submitted as amendments Of the
sewer bond bill will not be pushed by the
Commissioners for immediate action, since
they are hoping that certain of these
amendments will be rendered unnecessary
by an upper court affirmation of the con-
stitutionality of the portions Of the high
way act to which they relate. The effect
at this juncture Of h:tehing up the street
extension horse, which cannot now move
and is not expected to move. with the sewer
bond horse. which is ready to take it's
chances in the race. is to bring the team to
L hopeless standstill. This result Is pleas
!ng to those who are hostile to a bond
issue of any sort. and to those who are un-
willing that the sewer project shall ad-
vance unless accompanied at each step by
The street extension project. 1t is satisfac-
tory to nobody else.
II beth The Commissioners and the prop
erty owners would accept the decision sooh
to be rendered by the Court of Appeals
corcerning the cor.stitutionality Of the
highway act forward movement of some
sort In respect to street extension might
be made at this session. But the indica-
tions seem to suggest divided court, an
appeal by the unsuccessful party, and.
pending that appeal. the continuance in
definitely in a state of paralysis of the
highway act and Of every legislative propo-
sit;on which may be inseparably connected
with 1t.
- o.
eliminate the provisions by which the ma
ton virtually repudiates al obligations in
respect to so much Of the Federal District
as lies beyond Boundary street Is absolute
ly essential. whatever the courts decision
nay be as to the sections whose constitution
atty has been attacked. The Commission
ers' amendatory propositions Will therefore
In any event strengthen the street extern
sion end OF IL project when the grand
aggregation of amendatory. appropriative,
ord-issue, sewer ard street extension
legislative proposals gets ready to move.
For the present 1t might be for the public
interest to test Congress speedily on the
proposition to amend the highway act,
pushing 1t as an independent measure. un-
Eampered by antagonfsms, sure to be raised
by the request Of large appropria tions
through bond issues. If Congress win not
amend the highway act in the vital point
to which reference has been made, then the
District cannot afford to have that act en-
forced at ALL Public enthusiasm in behalf
Of a bond-issue for street extension under
the highway act will be largely increased,
II at the time when the word to push the
bond bill is given the threat to the local tax
payers involved In the present provisions of
the highway act has already been removed
by suitable amendment