The times. [volume] (Washington [D.C.]) 1897-1901, 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 Hum
ming of AutOmObiles-Tin Cans and
other Rubbish in the Garbage.

| Other Rubbish in the Garbage.
| Andrew B. Duvali, 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. discon-
| timed, but that while they were in opera
tior numerous complaints were made re-
lative to the noise they made, their I'M
| slightly appearance, as well as the injury
| to the concrete surfaces of the streets.
Mr. DuvaIl states that the matter has
| been referred to him again recently for
| 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 IL, 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
| isIative Assembly or Congress, ..,f,,.
BY act of Congress approved jung 20,
1874 as Stat, l16), providing a form 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-
thority now lawfully vested in the Gov
ernor or Board of Public Works, OF said
| I Ifr,,ita cd
BY the act of Congress approved June
| Il, 1915. providing 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 APP
| 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. Q36 u.
s., 450), said: APP
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-
sonable safety
Furthermore. by act Of Congress ap-
proved January &c, 1887, the Commission
ers were authorized and empowered to
make, modify. and enforce usual and rea-
sonable 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 Is, 1892, the
| Commissioners were authorized to make
| and enforce all such reasonable and usual
| police regulations, in addition TO those
| already made under act of January rs,
| 1857, as they may deem necessary for the
| protection of lives, limbs, health. ana
| quiet of all persons and the protection OF
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.. District
| of Columbia 90 Apps, ID. c., I'D, said:
| We think it clear that Congress Intended
1 thereby to increase the powers of the
| Commissioners to the full extent OF those
! frequently, if not generally, entrusted TO
| municipal corporations. Upon no other
| theory can it's passage be reasonably &C
counted for. And instead of entering into
details as in the former act, the grant of
| power to make usual and reasonable po-
! lice regulations was expressed in the
| broadest terms
| TT results from these several acts of
| Congress in my opinion. that the Com
! missioners may regulate the use OF the
streets by vehicles for public hire oper-
| ating over a fixed route by prescribing the
| maximum weight. size. width of tire etc,
| of such vehicles. as well as the route to
| be traversed.
| yond all reasonable limitations and SUI
| pervision by the public authorities
| charged by law with the fun control or
| the public streets and authorized to make
/ protection
| limbs health, and quiet of all persons
| and the protection of all property IN
| Guiding, of course, the eXpenslVely con-
! GREETED streets.
Col. NJ NJ Parker, President OF the
| Washington Fertilizer Company, has for
warded complaint to the Commissioners
relative to the presence of tin cans and
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 reaches
| there in the garbage He suggests that
if the people of the city knew the trouble
| given in this way they would keep
the rubbish referred to separate from the
| garbage Continuing Colonel Parker says:
| las YOU know, We commenced collect
| ing dead animals on April !. So far, /
| suppose we have not secured more than
| half Of them. After while l hope We
| shall get them all. Our contract, as you
| know, calls for all the dead animals as
well as the garbage. We have erected a
| factory down the river at an expense of
| SIS, 600 Our monthly expenses are large
| We are anxious to give the Government
| the best possible service, but to do this
| we want your assistance, and we will
| Z essential "A absolutely
| necessary to have all the garbage and
dead animals in Washington.
| Warner Stutler. the Superintendent of
the Street Cleaning Department, in re-
porting upon the matter 10 the Commits
| sioners at their request, says that the
practices complained of are in violation
of the garbage regulations, and he sug-
gests that the following notice be printed
and distributed to the householders OF the
city by the contractor:
! Garbage will be collected from your
| premises between a. IN. and p. m,
daily, except Sundays, from April 10 to
Garbage to be collected must be de-
posted in covered. water-tight, metal re-
| ceptacles having a capacity of not less
| than three or more than ten gallons.
| when collections are to be made from
| side or rear entrance, garbage must be
| placed at said entrance, and the gate or
door left unfastened, or unfastened be-
| fore the collector reaches the premises.
| when collections are to be made from
| front entrance, garbage must be kept in
| front of and upon said premises, so to
| be readily accessible.
| Collectors are not required to enter
houses to remove garbage. Their ap-
| proach Will be announced by the sound
of horn.
Gates where garbage is collected from
Put small dead animals in garbage
| receptacles.
I'm your communication to the Street