Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-27
LAW TO BE DRAFTED

Prosecutions to Be Made Under the Old
Citizen Enters
a Protest.
Commissioner West today took action with
poration counsel to the effect that the Com
missioners have authority to make a police
regulation requiring citizens to clean snow
and Ice of the sidewalks. Mr.. West recon-
mends that the corporation counsel be d.
rected to prepare the regulations, and also
institute prosecutions against citizens un-
der the old ordinance of the corporation Of
Washington on the subject. The old ordi-
nances a resident of Washington in COM
munication to the Commissioners, declares
to be a forgery.
Commissioner Vests Endorsement on the
papers submitted to him is as follows:
1.-The principle laid down in the decision
Of the Court of Appeals concerning the
snow and ice law, that it is primarily in
cumbent upon the municipality to bear the
burden Of keeping the streets and thorough
fares in proper condition for the purpose for
WHICH lHey are lUt0uQeQ, seems 10 me 10 U6
an tnsurmountable obstacle to the enforce
ment Of any ordinance or police regulation
which proposes to compel citizens to remove
snow and ice from the sidewalk. However,
as the corporation counsel advises that
prosecutions be instituted under the cor
poration ordinance mentioned in his opinion,
I recommend that he be instructed to insti-
tute such prosecutions, and also as he ex-
presses the opinion that the Commissioners
have authority under the general resolution
of Congress, approved February 26, 1892, to
make a police regulation upon the subject,
l move that he be directed to prepare such
police regulation and submit 1t to the Com
missioners promptly as possible
Communication From Mr.. Lester.
The Commissioners today received COM
munication from Orlando B. Lester of 223
Indiana avenue, in which the writer de-
clares the old corporation Of Washington
ordinance as recently printed, to be a
forgery.
The writer also points out to the Com
may be visited upon them officially in the
event they attempt to prosecute citizens
under the law The letter of Mr.. Lester to
the Commissioners Is as follows:
THE statement has been printed In the
daily press Of Washington that it Is your
intention to cause the prosecution Of citi-
zens residing within the limits of the old
corporation of the city of Washington for
their failure or refusal to remove or cause
the removal of snow from the sidewalks;
that this is to be done under the provisions
of an obsolete ordinance enacted by the
council and board of aldermen forty years
ago. a CARRIED copy of which recently ap-
peared in the papers in connection with an
alleged legal opinion. The ordinance,
printed, is forgery, and the original man
uscript copy of the true ordinance, which
I have several times in years gone by ex-
amined, will show the forgery to be ma
terial. A true copy was never published,
as was required in order to make it valid,
had 1t otherwise been constitutional, and
had 1t been within the chartered power of
the corporation of Washington to make an
ordinance containing the provisions Of this
one
Regarded as Preposterous.
"It seems preposterous, gentlemen, to
suppose that you should attempt to enforce
such measures as this obsolete ordinance
contains, in view of the recent decision of
the Court Of Appeals holding that the citi-
moving snow from sidewalks in the Dis
trict of Columbia. You have clearly
pointed out in your report to Congress that
the court holds such a requirement vio-
citizen. l feel certain that you have no
intention to override the opinion of the
highest tribunal of the District of Column
bia. whereby, if you did so, you would
bring the administration of law and justice
into public hatred, contempt and ridcule
Il cannot think that you took an oath
or cicatrized conscience. By the decision
referred to am immune from punishment
for refusing to remove snow from the side
walk; it is an immunity l enjoy under the
Constitution. Yet, if you. are correctly
reported in the daily newspapers, your pur-
pose is to deprive me of it. Whether the
police force of the District of Columbia
would so far disregard their oath as to
attempt to carry out an order issued by
you is another question. Congress has,
however, provided means of redress in
such a case.
Section 1879, Revised Statutes of tle
United States, provides: That every pei
son, who, under color of any statute, Or
dinance, regulation custom, or usage, OF
any state or territory subjects, or causes
to be subjected, any citizen of the United
States or other person within the Jur1s-
diction thereof to the deprivation of any
rights, privileges, or immunities secured by
the Constitution and laws, shall be liable
to the party injured in an action at law,
suit in equity, or other proper proceeding
for redress.
Provisions Of Revised Statutes.
Section $50 of the Revised Statutes OF
the United States makes provision for the
punishment of any person found guilty
of committing any of the acts enumerated
by fine of not more than 81 900, or by
Imprisonment not more than one year,
BOTH
Il am of the opinion that you have entr-
ly overlooked these sections of the Re
vised Statutes in your zeal to have the
operations of municipal government carried
on by criminal process. 1t may be mat
ter of pleasure and qualification to cause
old men and older women to be brought
into court for punishment for refusing to
do that which you have gone into such
minute details in informing Congress that
the Court of Appeals held 1t is the duty
of the municipality of which you are the