The times., 1901-04-16
AFFAIRS OF THE DISTRICT
An Opinion Upon the Control of
Mechanical Vehicles.
The Attorney for the District Dis
cusses the Right to Limit the Kun
ming of fAutomObiIes-Tin Cans ana
Other Rubbish in the Garbage.

| other Rubbish tnC
Andrew B. Duvall, the Attorney for the
| District has forwarded to the Commits
| sioners his opinion with reference to the
| running of the autocarettes, which were
| placed last fall upon - Street north-
| west The Attorney states that the car
| cites were shortly afterward removed
| from the streets and the service dlscoh-
| timed, but that while they were in opera
| tior numerous complaints were made re
| lativt to the noise they made, their un-
slightly appearance, as well as the injury
| to the concrete surfaces of the streets
| Mr. DuvaI states that the matter has
been referred TO him again recently LOT
| an opinion as to the authority OF the
Commissioners to regulate these and SIM
liar smaller vehicles, and he discusses the
matter as follows:
Section H. r. s d. c. drought up from
the act of Congress approved February q,
lS7D, provided that: The Board of Pub
lie Works shall have entire control of, and
| make all regulations which they shall
| deem necessary for keeping IN repair the
| streets. avenues alleys, and sewers OF
the city, and all other works which may
be entrusted to their charge by the Leg
| islative Assembly or Congress. -gft-
| by act of Congress approved Jupe 20.
1874 (1S Stat, 116). providing a fQfm of
| government for the District OF Columbia,
the Board of Public Works was abolished
and the President was authorized TO ap-
point a Commission, consisting of three
persons. who shall, until otherwise pro-
vided by law, exercise the power and au-
thoritv now lawfully vested in the Gov
ernor or Board of Public Works, of said
| District, except as hereinafter limited.
IL, ,,cfv
H. 1913. providing a permanent form of
government for the District of Column
bia GO Stat, 1922, it was provided:
| That all the powers, rights, duties, and
| privileges, lawfully exercised by, and all
| property. estate and effects now vested by
law IN the Commissioners appointed under
the provisions of the act of Congress ap-
proved June 20, 1874. shall be transferred
to, and vested in. and imposed upon, said
Commissioners
Reviewing these acts of Congress, the
Supreme Court Of the United States, in
District-of Columbia VS.. Woodbury. Q56 U.
s., 45W, said: @
d" The Commissioners, having full con-
troll of the streets, are under the duty to
keep the public ways of the city in such
condition that they can be used with rea-
sonabie safety.
proved January 26, 1887, the Commission
ers were authorized and empowered to
make, modify, and enforce usual and rea-
sonabIe police regulations, among other
things to regulate the movements of
public vehicles on the public streets and
avenues for the preservation of order and
| protection of life and limb.
| Thereafter, by section of the joint
resolution approved February a, 1892, the
/ iCGiO
and enforce all such reasonable and usual
police regulations, in addition to those
already made under act OF January 20
1887 as they may deem necessary for the
| protection of lives limbs, health. and
quiet of all persons and the protection Oh
all property within the District OF Co
lumbia.
Referring to this last mentioned grant
to make police regulations the Court OF
| Appeals in Railroad Company VS.. DlstrlcI
| of Columbia 90 Apps, ID. C., I'D, SAID:
/ We think it clear that Congress intended
thereby to increase the powers OF the
! Commissioners TO the full extent OF those
frequently, if not generaiiX, entrusted, u
| municipal corporations. Upon no olhet
| theory can its passage be reasonably dc-
/ counted for. And instead of entering lntt
| details. in the former act, the grant OF
power TO make usual and reasonable po-
lice regulations was expressed IN the
| broadeSt terms.
1T results from these several acts OF
| Congress. in my opinion, that the Com
| missiOuers may regulate the use OF the
streets by vehicles for public hire oper-
| ating over fixed route by prescribing the
| maximum weight, size, W1dth OF TIRE, etc
| of such vehicles. as well as the route tC
be traversed.
such vehicles certainly cannot be be
yond all reasonable limitations and su-
pervision by the public authorities
| charged by law with the full control oi
the public streets and authorized to make
regulations for the protection of lives
| limbs health, and quiet OF all persons
and the protection of all property, in
| cluding of course. the eXpenslyely con
creted streets.
Col. NJ. NJ. Parker, President OF the
Washington Fertilizer Company, has for
Warded a complaint to the Commissioners
relative TO the presence of tin cans ano
other foreign substances found in the
garbage receptacles. Colonel Parker IN
forms the Commissioners that his com
pany employs a horse and cart at the
factory for no other purpose than TO cart
away the cans and rubbish that reache:
there in the garbage. He suggests thai
if the people Of the city knew the trouble
given in this way they would keeI
the rubbish referred to separate from the
garbage. Continuing, Colonel Parker says
las YOU know, we commenced collect
ing dead animals on April l. So far,
suppose we have not secured more thar
shall get them all. Our contract, as yol
} know, calls for all the dead animals az
! : well as the garbage. We have erected I
factory down the river at an expense o
$115, 600 Our monthly expenses are large
: | We are anxious to give the Government
! | the best possible service, but to do thi
. | we want your assistance, and we vii
I find it not only essential but absolutel!
l ! necessary to have all the garbage an,
- | dead animals In Washington.
| Warner Stutler. the Superintendent o
- | the Street Cleaning Department, in re
! porting upon the matter TO the Commits
: | sioners at their request, says that tn
y | practices complained Of are in violation
| gests that the following notice be printet
and distributed to the householders OF tn
city by the contractor:
I Garbage viii be collected from you
premises between a. m. and p. m
daily. except Sundays, from April 10 [
November ], 1901.
I Garbage to be collected must be de
= posted in covered. water-tight, metal re
ceptacles having a capacity Of not les
G than three or more than ten gallons.
s when collections are to be made frOI
q side rear entrance, garbage must b
placed at said entrance, and the gate o
door left unfastened, or unfastened be
| fore the collector reaches the premises
when collections are to be made fror
= front entrance, garbage must be kept i
d front of and upon said premises so as
q be readily accessible.
S Collectors are not required to ente
n houses to remove garbage. Their al
e proach VIII be announced by the SCUM
= of horn.
Gates where garbage is collected fror
f must be numbered.
e Put small dead animals in garbag