Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-06
REMOVAL OF SNOW AND ICE
Decision of New Hampshire Court Alleged to
Have Bearing Here.
Matter Called to Attention of Commits
siOners-OpiniOns of Local At
tOrneys on Issue Raised.

The District Commissioners having, as
stated in The Star, extended the provisions
of the act of Congress known as the Snow
and ice act'' so as to include the entire
District, the attention of Commissioner
Ross was called today by a citizen to de-
cision rendered last winter by the supreme
court of New Hampshire in the case of a
citizen of that state who was prosecuted
for falling to remove snow from a side
walk in front of his property. The New
Hampshire man was convicted under the
provisions of law said to be exactly SINH
lar to the act of Congress applicable here,
and the state court of last resort is report
ed to have decided against the state.
1t appears that the city of Concord issued
warrants against certain citizens who had
violated the law, applicable there, by fail
ing to remove snow from the sidewalks in
front of their premises. The New Hamp-
shire law imposed penalty of a small fine
for violations thereof, which fine had al
ways been paid by the offending persons.
Test Made.
In the case referred to. however, the de-
PENDANT decided to test the validity of the
statute. He therefore claimed that he
could not lawfully be required to clean the
snow from the sidewalk in front of his
premises, because, as he contended the
SlOC"etih "dS IlOI property, Out tnat OF
the municipality. and for that reason the
municipality, and not the citizen, was
bound by reason of such ownership to keep
1t clear of snow and other similar obstruc-
tions.
The trial court. it is stated. overruled his
objections to the validity of the law but
on appeal to the state supreme court, the
latter tribunal reversed the Judgment of
the lower court and sustained the conten-
lions of the defendant. Since that decision
it is stated the municipality of Concord
has removed the snow from the sidewalks
of the city, and other cities of the state
recognizing the fact that they We're power
less in the matter. have made no attempt
to enforce like laws. and have followed the
example of the city of Concord
In view of the similarity of the District
and New Hampshire laws on the subject
Commissioner Ross has recommended to his
associates that the question be referred to
the attorney of the District for examna-
ton and report. Beyond remarking that
the question raised is a pretty one. as the
lawyers say, Mr.. Ross expressed no opinion
in the matter.
Opinions of Local Lawyers.
A prominent member of the bar to whom
the matter was mentioned stated yesterday
that he doubted very much whether the de-
cision of the New Hampshire supreme
court would be followed here, in view of the
fact that Congress has exclusive jurisdic-
tlon over the District, and in view of the
further fact that the District law is an ex-
tension of the police power of the national
legislature. He admitted that the side
walks of the District are not private prop
erty. but called attention to the fact that
nevertheless the citizens of the District are
required by law to share in the expense of
their construction and repair. Hence, he
saw no reason why Congress cannot re-
quire citizens to remove snow from side
walks in front of their premises
. Another member of the District bar
The power of Congress in the District
of Columbia is second to that only of the
Almighty. The Constitution, in making the
District OF Columbia the seat of the ma
tional government, gave Congress exclusive
jurisdiction therein, and empowered it to
legislate as it saw fit. In this respect the
situation here is wholly unlike that existing
anywhere else in the country. Therefore,
when Congress says, as it does in the snow
and ice act, that the citizens, and not the
District, the municipality, shall remove the
snow from the sidewalks it makes a de-
mand which, in my opinion, the courts
must enforce. and for that reason, if for no
other. l am of the opinion that the law in
question will, If contested. be sustained"