The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-11-12
RIGHT 70 NAME STREETS.
authority Vested in The Connli>sioa-
"rs 1" Prescribe Nomenclature for
the SuburI,>-Nct~ OF Congress Re
fcrrcd 20 in the Decision Rendered.

rrS 10 Prescribe nomenclature for
tisc Suburbs-NctS Of Congress Re
fcrrcd 20 in the Decision Rendered.
Andrew b. pvaU the Atlurn,y for the
District today submitted 10 the commits
siouove an opinion Uoou the eommUuica-
Gou of Leo simmons who protested
against changing the name of Yale str, ct
iu The Colombia Heights subdivision. The
question upon which the Commissioners
sought advice was whether. md r exist
ing Jaw. they had authority Z, change
the names Of suburban streets
The act of Congress. approved March
p 1898" says Mr.. DUyIU. ITO rrovid" a
permanent system Of highways in that
part of the District lying outside. of cities.
directed the Commissioners TO prepare "a
plan for the extension of "a permanent
system OF highways. ana that i'm making
such plan they should adopt and con-
form to any then existing subdivisions
which had been made i'm compliance with
the provisions of the act of August q.
ISIS. regulating the subdivision of land
within the District of Columbia.
section 3. OF said act of Congress Of
March . 1893. provided That the Commits
si0Eers of the District oI Columbia are
authorized to name ali streets. avenues.
alleys. and reservations laid Uut OF adopt
Cd under the provisions Of this act
Thereafter on June y. 1SgN Congress
amended said act by repeating sections
10 70. inclusive. and directed the Com
nissiouers 10 withdraw the map known
as Section D. from the office OF the Sur
veyor, and to discontinue all pending
condemnation proceedings relating to sub
divisions included within said map. and
to prepare an amended plan for that part
OF section l. outside of existing SUDdiviS-
ions under the terms of sections 1 TO Of
said act and declared that said amend
ed plan when recorded with the Surveyor
should take the place and stand for any
previous plan of Section J., and that no
subdivision made and recorded in Section
Of the highway plans prior TO June -,
ls9>. should he affected. or in any way
changed. by any map Their, tOtOrc approved
and recorded, or that thereafter might
be approved and recorded under the pro-
visions of the original act or the act as
amended
Existing subdivisions lying within the
territory embraced in Section L were thus
removed from tn. operation of Section
., the COLUMBIA Heights subdivision lies
within the territory. and ] am therefore
of tine opinion that the Commissioners
arc Withuat authority 20 change the name
OF Yale Street iu that subdivision
AS 90 the streets, avenues. alleys. and
reservations of existing subdivisions IN
the territory outside Of Section T. 4 am
OF the opinion that the Commissioners.
uULoT SAID section .. have authority Go
change their names
The plans 10 be prePSTod by the Com
ui~-lnHrT5 under said act OF Congress
embraced new streets. avenues. alleys.
ana reservations. and all such streets,
avenues, alleys, and reservations Of exist
ing subdivisions as were adopted By
them.
The condition OF confusion intended to
be TgWtdied by the act OF Congress 10
provide a permanent system % highways.
related not alone TO irreSularity IN the
location Of the streets themselves. but
also 10 the nomenclature Of the streets.
TIE object sought to be attained by
the ACT was uniformity. and this would
be- only partially accomplished IL the
highways were reCtined us 10 their lines
and remained unzystematized as % their
names
Neu~lEe IN ITS scope It's constitution
sHtv was established by the Supreme
Court Of the United States in BaumIn
vs. Ross, that court holding. among otEe-
things that the recording Of the map
showing the proposed highways under
section , did not constitute q taking of
the land
Il am AT 4 loss 10 say what effect and
operation could be- given TO the provision
in section 5, authorizing the Commission
ers 10 name an streets. etc, adopted UNI
der the provisions OF said art' unless that
authority relates 10 the naming of streets
already existing in subdivisions. for these
are the only streets that may be adopted
by the Commissioners under the provi-
Si0T.S OF said act
In connection with the subject Of
changing names Of highways. your dJUcu-
ton should be directed to the following
provision contained in "A clause in the
District Appropriation act approved June
20. 1888. namely That the Commissioners
OF the District of Columbia shall here
after have the power and authority TO
change the name Of any street road ya-
nue.. or other highway whenever any TWO
Of such highways have the same name
This power ard authority respecting
the -hfnge OF duplicate names is general
in its terms. and seems 10 be applicable
10 any part or The District where that
situation may exist