The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-11
AFFAIRS OF THE DISTRICT
An Opinion as to Proceedings in an
Alley Opening.
Complaint Filed by IA Twelfth Street
Citizen Concerning Growing
Roostcr-No CobBIestOEe Gutter for
Morris Road-0thcr Local AIattcrs.

Thomas Bryan Huyck, of 1905 PennsyIva-
MIA Avenue northwest. recently requested
to be informed whether the proceedings
in the matter of the opening Of the alley
in square SD were in accordance with law
The enquiry was referred by the Commits
sioneTs to the Attorney for an opinion,
and Mr.. DUvalI has submitted the follow
ing statement on the subject:
1t appears that on March y, 1898. upon
an order by the Commissioners. the Sur
veyor recorded a plat among his records,
showing alley opened and alleys closed in
said square; the area of the opened alley
being shown in red and that of the alleys
closed in green The papers in his Office
relating to the matter are a plat of which
I the record is copy. and a petition OF
certain property owners requesting such
opening and closing. and a plat expressly
. dedicating the area of the alley to be OPP
ened as a public alley. and upon this plat
IS the order of the Commissioners for its
record.
No proceedings under any Of Gle pro-
visions Of law then in force providing for
( the closing of alleys seem 10 have been
I taken in the case. The dedication Of the
area for the new alley, however. appears
! 70 have been accepted by the Com
missioners by their order directing the
| recording of the plat containing the
| dedication It appears that there
after the District paved and
/ otherwise improved the new alley thus
/ dedicated. and ! am informed that the
J area of the old alleys has been and was
! abandoned
The opening OF the new alley in ac-
/ CordaRce with the dedication seems to be
| valid: and moreover it does not appear to
I have been questioned
/ As to the title to the area of the aban-
doned alleys and the rights of the parties
I therein-the aforesaid dedication had and
could have no operation upon this ques-
ton. which depends in my Judgment
/ upon conditions created by the private
+ acts Of the individual property owners,
I over these the TubliC has no control and
/ which the rights Of the parties must be
1 determined JudiCidlly by some apDFDDri-
/ ate proceedings instituted by themselves -
a citizen residing on Twelfth Street.
/ between q and II Streets northwest. has
addressed a communication to the Com
! TnissiOneTs relative to an alleged drearv
/ noise that haUuts his dreams in the carly
n yrnins hours. he complains that a
-ooster in his neighbOrhoCd has the hab-
/ Il Of growing as regularly as the clock
/ strikes O'Clock a. m Then chanticIeer
I tests ALyIl MS idDDTS IOF q WEItc. but
makes the morning "weIkin ring from
4 TO 0 clock a m.
4 It IS presumed that the citizen referred
/ TO would have smothered his distress. and
/ patiently endured the ordeal 10 which he
/ Is subjected If the rooster had been lust
| an ordinary bird. But ne Is a PivTnout h
| E0ck rooster and Is supposed to have
( sprung from long line Of Growing ances-
/ tors Moreover. this particular rooster
! has voice that resembles a fog horn,
/ the citizen complains
! The complainant who has other trou-
( bisS Of his own, asks the Commissioners
{ 10 attend to this rooster at the earliest
possible moment He says that this mon
ster murders sleep. and leaves unf0rtu-
( nate human beings within the radius of
I his untinleIy announcement of the coming
day weary mortais slowly wasting TO de-
cay
1t matters not that there IS no law by
| which the Commissioners can proceed.
! they are invited to 90 something 20 rii
the neiShbOThOOd of the rooster The best
they can do IS to turn the matter over 10
( th= Police Department for an iuvestiga-
/ ton, but even this has its drawbacks. for
/ after the police have found the chanJi-
cieeT they cannot arrest him and take him
I 70 Police Court for no court IN this JUTiS-
/ dictioR would issue 2 warrant for the Dur
pose They can only inform the owner OF
{ TIE fowl that the neighbcrS are disturbed
and request him to have the bird rOOSt
henCefOrth with 4 mood on so that he VIII
/ BOT be able tc discover the first signs Of
[ day