Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-15
REPORT CONFIRMED
APPEAL FROM DECISION IN SNOW
IS AND ICE CASE.
Corporations Counsel Likely to Apply
fofs Writ of Certiorari Within
'1i'.o Few Days.

Corporation Counsel A. B. Duvall today
confirmed the report published exclusively
in The Star yesterday afternoon to the eff
feet that the. District authorities will In all
probability petition the United States Su-
preme Court for a writ Of certiorari to take
up the records in the case involving the
validity Of the SNOW and Ice law" for the
purpose Of reviewing the recent decision Of
the District Court OF Appeals. which held
that the law Is invalid.
Mr.. Duvall stated that he has been con-
sldering for some time the ACCESSIBILITY of
taking the case to the Supreme Court of the
United States. He indicated that he has
tentatively decided to. recommend such &C
ton to the District Commissioners, and will
likely do so in few days.
Commissioner West who has supervision
of the street cleaning department which
was charged under the law with enforcing
Its provisions stated to reporter for The
Star today, that in case Mr.. Duvall recon-
mends proceedings for review of the
Court of Appeals decision by the upper
court, that he will approve the corporation
counsefs recommendation.
1T Is understood that Commissioners Mac
farland and Biddle will concur In Mr..
Vests approval in the event the corpora
ton counsel recommends further action in
the matter.
Grounds for Petition.
AS stated in yesterdays Star the grounds
upon which the petition for writ of GER
tiorari will be based will be the great i'm
portance Of the case to both the public and
to the District of Columbia.
1t may also be set forth in the petition
that supreme courts of several other juris-
d1ctfonS have held that laws similar to the
one enacted by Congress for the District
are valid and constitutional. and it will
probably be set forth that Congress by re-
dn6 hot v,Nlo 1,rr = 11a
. one enacted should be provided for the
District. inasmuch as the laws on the sub
Ject or the removal of snow and ice, passed
during late years. have all been drawn on
the same lines as the recent law.
In the opinion Of the District Court of
Appeals. which was written by Justice
motifs, 1t was stated In substance that the
snow and Ice law for the District contain
ed unjust discrimination between citizens
similarly situated and equally entitled to
bear the same burdens. and that it con-
travened the principles of common right
and fundamental law.
During the month of May the Supreme
Court of the United States. in an opinion
written by Mr. Justice Holmes. decided in
favor of the constitutionafty of law Of
the state of Texas requiring the railroad
companies to keep their rights of way free
from a certain kind of grass in the event
the land contiguous to the right of way
was not incumbered with the same kind of
vegetation.
Courts Not the Only Guardians
The opinion also stated that in the case
of laws hacking of discrimination the
courts should not be considered as the only
GUARDIANS Of Nthe rights of the public. but
that the legislatures should also be consid-
cred in that connection.
1t is stated by attorneys that there are a
| numbertof points in the Texas case similar
to those involved in the snow and ice law.
From present indications It is probable that
the United States Supreme Court will be
asked to review the decis on of the District
Court OF "A meals.