Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-10
ON PUBLIC GROUND
COMMISSIONERS HAVE NO AU
THoRITY TO GRANT PERMIT.
Response to Request for Waiting Sta
ton for Street Car
Passengers.

Inc DlStr1ct commissioners Will INFORM
the citizens Of South Brookland, who have
been interested in the matter, that they
have no authority to issue permit for the
construction of shed to protect persons
waiting for cars at the intersection Of 18th
street and Rhode Island avenue northeast
as the proposed station will stand on pub
lie ground.
This decision Is based on an opinion OF
Mr.. e. H. Thomas, assistant corporation
counsel, which has been approved by the
Commissioners. The question was first
raised in the application Of Mr.. Charles A.
Harbaugh. as a member of a committee OF
the Brookland Citizens Association repre-
senting the citizens of South Brookland,
for permit to build the shed. Mr.. Har-
baugh wrote, originally, in December, 1900,
stating that it was expected that the mat
ter of providing some sort Of a storm shell
ter for the protection of persons waiting
for cars. would be taken up at the next
meeting Of the association. He explained
the need Of some such protection. and stat
ed that 1t was the hope of the association
that the Commissioners would cooperate
with them in securing the improvement de-
sired.
At that time Capt. Beach, who was then
Engineer Commissioner, stated that the
Commissioners had no authority to permit
the erection of building within the lines
Of the public streets, citing the difficulty
that had been encountered in accomplishing
the removal Of those structures which then
occupied public space. Mr.. Harbaugh
wrote to the Commissioners again in July,
1907 about the matter. and in July, 1903 q
communica ton was received from the Sec
rotary of the Citizens Association on the
subject. Later in the same month letter
was received from the railway company
ing permission to erect the shed and later
another letter was received from Mr.. Har-
baugh. On the receipt of the letter En-
gineer Commissioner Biddle recommended
ton counsel for opinion.
Mr.. Thomas Views.
In his opinion Mr. Thomas states:
1.-THE District is always held to the strict
est accountability for injuries resulting to
persons or property for not removing OBJ
structions on the public streets. even If its
officials had no actual notice, provided the
obstruction had existed for sufficient time
to afford implied notice."
Mr.. Thomas cites a recent decision of the
Court Of Appeals of the District, in which
1t was held that the usual power to regu-
late and control streets has never been hello
allow them to be encroached upon by ad-
Joining owners, by the erection thereon OF
buildings, or the use thereof as places fol-
the deposit of lumber or coal or other ma.
terials. for their exclusive use. And such
continuous obstruction of a public street OF
highway, not authorized by competent Legal
authority. is a public nuisance for which the
authors Of it may be held liable.
In accordance with this opinion Commits
sioner Biddle has recommended that the
Brookland Citizens Association be Informed
Of the substance of the inclosed opinion
with the statement that the Commissioners
regret their liability to comply with the re-
quest Of the association and can only sug.
gest that site for the proposed waiting
shed be secured on private property at the
point it is desired to be located.