The Providence news. (Providence [R.I.]) 1891-1906, 1904-12-15
POLICE
GIVE LAST
WARNING

Final notices were served by the police,
yesterday. upon citizens who had failed 10
heed the former warnings TO clear snow
and ice from their sidewalks. Arrests will
follow:
While the great stority of realty hold
ers quickly got to work with shovels'
picks and scrapers, and hustled sand and
ashes upon the glib places In front OF
their properties, there were not a few
who remained Indifferent and toVnese a
final punching was given.
City Solicitor Colwell says that the or
dinance under which these orders were
given is valid
Chief Justice Shaw OF Massachusetts. In
handing down an opinion quoted a decl-
sion i'm the New York court OF appeals
the village OF Carthage VS.. Carlos L.
Frederick, applicant as follows:
Power given to village TO enact ordl-
nances for keeping sidewalks free from
snow and TO require property owners 10
clean the streets In front OF their prem
ises ard generally to pass such ordinances
as are necessary for carrying into enect
the purposes OF the corporation and the
powers conferred by the charter VIII au-
thorize the passage of an ordinance pro-
tibiting lot owners under penalty 10 per
nit snow to collect and remain on the
walks i'm front of their premises so as 10
impede public traffic later than 10 O'Clock
on the day after the snow has tallen OF
for more than two hours after being nou-
fled TO remove IL.
"A village ordinance Arbiddng, unoer
nenalty. property ownors to permit snow
or ice TO collect and remain on the side
walks in front OF their premises, so as 10
impede public travel later than 10 O'Clock
on the forenoon of the day after the same
shall have fallen thereon, or for more
than two hours after being nouned 10 re-
move the same. is valid exercise or the
nolice mower. and is not unconstitutional
as authorizing a taking OF private prop
ertv for public use without Just compen-
sation.' ,,
Judge shaw In commenting said: III
| this mower OF local legislation can be con-
| ferred upon the largest city OF the state
| Is IL held II can be also conterred upon
| the smallest village that the leslslatule
sees At 10 incorporate In TINS lattuue 'ne
| accumulation OF snow upon sldeWaiks vi
| large quantities Is matter OF course It's
/ ,resence retards travel. interrupts busi-
/ moss and interferes with the safety ana
! convenience OF all classes. IL is irequeh'
! cause OF accidents and thus aHects
\ the property Of the person VINO ~ nap''
| To assessment TO pay the damages causeu
| by the failure to remove ~. But no" IL y
| ,ossible for the authorities Of large
city. with many hundred miles OF streets
TO remove the snow I'm time to prevent IN
,,Iry 10 those who have the right TO traVe
upon the sidewalks. Unless they can re-
| ouire tho owners OF adjacent property t'
| remove it? Every man can conVeneh',S
! and promptly attend TO that which " IL
, front of his own door. and IL is both rea
sonable and necessary that he should b'
compelled to do so. We think that the or
dinance under consideration Is valid, ma
II conflicts with no provision OF the con
stItution and that II Is the duty OF th'
courts 10 enforce II.
City Solicitor Colwell has Followed tni
,,iing in his advice to the police board
sddinu that IL would be impossible 70
the CITY 10 get enough men 70 clear tn
,oi,es of streets and sidewalks.