The Washington times., 1901-07-06
AFFAIRS OF THE DISTRICT.
A Gate Placed Across a Private
Alley Occasions Enquiries.

Discontinuance of Twenty-three Arc
Lamps Recommended - Proposed
ImprovemeEt of L Street-Nev Ap-
pofntnacnts of Police Privates.
Mrs. James Wood, of 30 Ivy Street
southeast. recently addressed 4. Com
missioners complaining of the condition
of the alley in square e9S. also OF the gate
which has been placed at the entrance of
the alley The matter was referred to the
Engineer Department and A. l. Thomas
made an inspection of the locality, and
reported as follows:
1T would appear from the wording of
the subdivision creating this alley that it
is a private one and such is not under
the control of the Commissioners as far
as removing the gate is concerned, and L
recommend the writer be so advised
At the suggestion of Clifford Howard,
Acting Secretary to the Board of Commits
sioners, the matter was referred TO An
drew B. DuvaIl, the Attorney for the Dis
trict who said that on May 10, 1913, the
owner of original lot 19. in square 6sS,
recorded in the Office of the Surveyor
subdivision of said lot into lots 81 to So,
inclusive. with alley ten feet wide for the
The Attorney then quotes section $50, Re
vised Statutes Of the District of Column
bia. which provides:
THE ways alleys or passages, laid out
or expressed on any plat of subdivision
shall be and remain TO the public or sub
1ect to the uses declared by the person
making such subdivision, at all times un-
der the same police regulations as the
alleys laid off by the Commissioners on
division with the original propIietors.'
THE owner Of said lot 19." continues
the Attorney. expressly declares, in max
ing the above mentioned subdivision, that
said alley was for the sole use and benefit
of said subdivisions; that is, the said alley
was not dedicated to public uses, but to
the private uses declared. / am OF the
opinion that as the alley is not public
enc its care and its obstruction by gate
is purely a matter of private concern.
The attention of the Assessor should be
called to the lot, and if the area Of the
alley way is exempt from taxation il
should be listed as taxable property
The original application with the opin-
ion of the Attorney was referred by the
Commissioners to the Assessor, who has
now reported back to them as follows:
1T has been the rule Of this Office 10
recognize all alleys laid out in subdivi-
sions as public alleys. unless specially
designated as private alleys, and when a
subdivision is recorded in the Survey
or's Office. showing an alley opening TO
a street, or TO another alley, it has been
considered as dedicated to the District,
notwithstanding the fact that in many
cases il is expressly declared to be for the
sole use and benefit Of the subdivision:
but it still remains an alley for the pur-
poses Of uninterrupted egress and ingress
and the convenience Of the owners for
ever of the subdivided lots, no matter
whether the subdivision covers the whole
square, or portion Of it.
1T IS not to be supposed an alley of
this description would be dedicated by
anyone. for the benefit Of adjoining prop
erty in which he has no interest. Conse-
Quentiy all alleys recorded in the Survey
ors Office whether designated for the
use and benefit of certain lots, or without
any restrictions whatever, unless number
ed consecutively with the suGdivided lots
or marked private, are considered public
alleys
therefore. if it be the intention of the
owner tC subdivide certain lands into lots
through which he desires to run an alley
for JIiS convenience of the lots, but not
TO be dedicated to the District. the Sur
yeyor should be so instructed and give a
number 10 the alley, as well as TO the
lots so that it may be properly assessed
and designated and thus avoid any con-
fusion as to the intention Of the owner.
and distinguishing in definite way ''pri-
vate" from public alleys.
In the subdivision Of lot I9 square COS,
into lots q TO 36, and alley, II is the opin-
ion OF the Attorney for the District Of
Columbia that the alley is private and
should be assessed on the books OF this
Office.
'As the Commissioners have approved
this opinion, / recommend that an order
be issued in accordance Herewith, and
the Surveyor be directed to designate
said alley by a distinctive number that
IL may be correctly listed on the records
of this office for taxation
Walter c. Allen. the Electrical Engi-
neer, has informed the Commissioners