Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-19

individual citizens the burden which is pri-
marily incumbent on itself to bear; namely,
that of keeping the streets and thorough
fares In proper condition for the purpose for
which they are intended. That this duty is
primarily the municipality cannot be
questioned"
The District government. for financial rea.
sons, it is said, is not cleaning off the pave
ments, although it is keeping gangs of men
at work clearing out the cutters.
Not to Be Appealed.
The case decided against the District last
spring by the Court of Appeals will not be
taken to the Supreme Court Of the United
States for review, SO 1t was ascertained to-
day. The Commissioners have been advised
by the corporation counsel that there are
certain circumstances connected with the
case upon which Justice Morris rendered an
opinion. which make it undesirable as a test
case. 1t is possible, the authorities state,
that a test case may be made under the
snow and ice law, and Ecarried through the
lower courts up to the Supreme Court of
the United States, but that possibility seems
remote.
Justice Morris stated that the principle Of
the law was entirely wrong and 1T Is
the same with respect to the law, as the
principle involved remains unchanged
In theSase OF sidewalks DIN the District
it is stated the title e. he hs5d is IN
the municipality is responsible sfor keeping
its thoroughfares safe 70 the public, and
that the Individual citizens are not in JUS
tice or law required to keep the property
of the municipality or the government in
safe condition.
Iii other cities where citizens are obliged
to keep the sidewalks free from snow and
ice, it is stated, the owners of property
abutting on the sidewalks hold reversion-
airy interest in the sidewalks, and in some
cities the citizens are obliged to build the
sidewalks. Under those conditions, 1t IS
stated, the citizens can be compelled to
keep the sidewalks in safe condition. the
principle is different however. in Washing
ton, where the United States owns the side
walk property.
Commissioner West Talks.
When asked today whether the attention
of Congress had been called to the snow
and ice law, Commissioner West said:
when the subcommittee of the House
committee on appropriations, which has
charge of the District bill, informally dis
cussed that measure prior to the considera-
ton of the details / brought to the atten-
ton of the COMMITTEES the serious problem
which confronted the Commissioners grow
peals declaring the snow and ice law to be
null and void. The committee manifested
much interest in the matter, and asked for
full statement of the case.
read to the committee. especial attention
being called to that clause in the opinion
which declares the laweunconstitutional and
undoubtedly an attempt on the part of the
municipality to shift to the shoulders of
Individual citizens the burden which is pri-
marily incumbent upon itself to bear, name
ly. the keeping of the streets and thorough
fares in proper condition for the purpose
for which they are intended.
II informed the committee that If, in
compliance with this decision, the mu-
nicipality was compelled to bear the bur-
den of keeping the streets and thorough
fares free from snow and ice, 1T would re-
quire an appropriation Of at least $780,
900, and that it was doubtful whether
this sum would be sufficient to clean the
500 miles of sidewalk in the District of
Columbia.
I'm view of the fact that this presenta-
ton of the case was made prior to the
formal hearings, and, therefore, without
record, / brought tO4the attention of the
committee last Saturday, when the stenog-
rapher was present, the necessity of pro-
viding an appropriation for this work if
the committee deemed 1t wise for the mu-
nicipality to undertake the work made
necessary by the DECISION of the Court Of
Appeals. The members of the commit
tee asked numerousSAuestions which, of
course / do not feeE8t liberty to repeat.
simply want to rnFke it clear that the
Commissioners havaSaaid the case fully
before the committeeman have asked for
the money necessary to keep the side
walks free from sn0R and ice.