Evening star., 1901-11-12
WITHOUT AUTHORITY
1 n
Attorney Duvalll's View of Power of
Commissioners.
CHANGING TIE NAMES OF sqREEqS
Columbia Heights and Other Sub
divisions Involved.
SECTION 1 OF HIGHWAY ACT

The District Commissioners have received
an opinion from A. B. ouvall, the attorney
| for the District in which he holds that
the Commissioners are without authority to
| change the names of streets in Columbia
Heights, except in cases where there is
duplication 1t Is also decided that the
commissioners are without such authority
| in the cases of subdivisions included in
section Of the highway plans, when
such subdivision existed prior to June 2s,
1898. Outside of section one the attorney
| says the Commissioners have full authority
| under the highway act to change and desig-
| nate the names of thoroughfares
A protest against changing the name of
| Yale street, in Columbia Heights, made by
Leo simmons brought forth the opinion.
He. claimed that. the streets in the sub
| division Of Columbia Heights were not dedi-
Gated to the District of Columbia or the
United States, but the title to them was
vested In the abutting property holders.
| The whole matter of the power of the Com
| missoners under existing law to change
| the names of suburban streets was on
motion of Mr.. Ross, referred to the attor-
ney for an opinion, and he has now re-
ported as follows:
THE act of Congress approved March 2.
| 1898, to provide permanent system of
| highways in that part of the District living
outside Of cities, directed the Commission.
| ers to prepare plan for the extension of a
| permanent system of highways, and that
! In making such plan they Should adopt and
| which had been made in compliance with
the provisions of the act of August a. 1888,
| regulating the subdivision of land within
1.-The District Of Columbia.
What the Section Provided.
Section Of the act Of Congress of
March 2 1893, provided:
"'That the Commissioners Of the District
| OF Columbia are authorized to name all
streets, avenues. alleys and reservations
| lot a1n ptol, h.
this act
Thereafter, on June %, 1898, Congress
amended said act by repeating sections 9
to 49, inclusive, and directed the Commits
| sioners to withdraw the map known as Sec
tion L from the Office Of the surveyor, and
| to discontinue all pending condemnation
| proceedings relating to subdivisions includ-
ed within said map, and to prepare an
amended plan for that part Of section 1 out
side Of existing subdivisions under the
terms of sections to ., of said act; and de-
! clared that said amended plan when record
| ed with the surveyor should take the pace
and stand for any previous plan of sec
| tion L. and that no subdivision made and
| recorded in section l. of the highway plans
prior to June %, 1898, should be affected, or
| in any way changed, by any map thereto
| fore approved and recorded, or that there
| after might be approved and recorded un-
| der the provisions Of the original ac. o.
| the act as amended.
| Removed From Operation of Law.
Existing subdivisions lying within the
territory embraced in section were
| thus removed from the operation of Sec
ton 5; the Columbia Heights subdivision
lies within that territory, and 1 am there
fore of the opinion that the Commissioners
are without authority to change the name
| of Yale street in that subdivision.
AS to the streets, avenues, alleys and
reservations of existing subdivisions in the
| territory outside of@'section L. am of the
| opinion that the Commissioners under said
section 5, have authority to change their
| names.
missioners under said act of Congress en-
| braced new streets, avenues, alleys and
reservations and all such streets. avenues,
| alleys and reservations of existing sub
! divisions as Were adopted by them.
The condition of confusion intended to
be remedied by the act to provide rer,na-
nent system of highways related not alone
| to lrregularity in the location of the streets
! themselves but also to the nomenclature
| of the streets.
Uniformity Desired.
''The object sought to be attained by the
act was uniformity, and this would be only
! partially accomplished if the highways
were rectifed as to their lines and re-
mained unsystematized as to their names.
1.-The act Of Congress Is most compre-
| hensive IN its scope; it's constitutionality
was established by the Supreme Court Of
the United States in Bauman against Ross,
| that court holding, among other things,
| that the recording of the map showing the
proposed highways under section did not
! constitute a taking Of the land.
| Il am at loss to sey what effect and
| operation could be given to the provision
! in section authorizing the Commissioners
to name all streets, ETC., adopted under the
| provisions of said act unless that author
| ity relates to the naming Of streets already
existing in subdivisions, for these are the
| only streets that may be adopted by the
Commissioners under the provisions of said
act.
"ln connection with the subject of chang
Ing names of highways, your attention
should be directed to the following provi-
sion contained in a clause in the Distric.
appropriation act approved June 80. 1898,
| viz:
| That the Commissioners Of the District
| of Columbia shall hereafter have the power
and authority to change the name of any
| street, road, avenue other highway
whenever any two of such highways have
| the same name
| This power and authority respecting the
change OF duplicate names is general in it's
| terms and seems to be applicable to any
part of the District where that situation
| may exist"