Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-23
NOT UNEXPECTED
COMMISSIONERS WEST ON SNOW
LAW KNOCKOUT.


that the decision of the Court of Appeals
holding that the police regulation reauir-
ing citizens to remove snow and Ice from
their sidewalks Is invalid. was not unex-
pected by him. He anticipated the action
OF the court. Mr.. West said, in an indorse-
ment which he made upon paper submit
ted to him last December by the corpo-
ration counsel. who said that he had dis
covered an old corporation ordinance which
he thought could be made applicable In
the Distrlce The Endorsement made by
Commissioner West is dated December z
1904. and Is follows:
THE principle laid down in the decision
snow and ice law. that 1t Is primarily in
cumbent upon the municipality to bear the
burden. of keeping the streets and thorough
fares I'm proper condition for the purpose
for which they are intended, seems to me
to be an insurmountable obstacle to the
enforcement of any ordinance police reg
ulation which proposes to compel citizens
to remove snow and ice from the sidewalks.
However as the corporation counsel ad
vises that prosecutions be instituted under
the corporation ordinance mentioned here
In, 1 recommend that he be instructed to
institute such prosecutions and also as he
expresses the opinion that the Commits
sioners have authority under the general
resolution of Congress approved February
10. 1892. | move that he be directed to
the subject / move that he be directed to
prepare such police regulation and submit
1t to the Commissioners promptly
possible
Applied to Congress.
Commissioner West further stated that
he had agreed TO the suggestion of the
corporation counsel because he felt that
IL was wise and proper to exhaust every
means of insuring freedom from snow
and ice upon the sidewalks, and was
therefore. willing to yield his own judg-
hot ne h.
In the effort to secure an effective regu-
lation. He added that the suggestion in
the decision that the Commissioners had
failed to apply to Congress for relief was
evidently based upon Misrepresentation
OF the facts. fnasmuch as he had brought
the former decision to the attention of
the subcommittee in charge of the Dis
trict of Columbia appropriation bill,
nearly an hour being occupied in the dis
cussion of that decision and the best
means of providing for the removal of
snow and Ice.
This original presentation of the facts
was a an informal conference, and. there
FORE on the 10th of December. 1904 when
the consideration of the appropriation
bill had been concluded. Commissioner
West made formal statement, which
appears in the record as follows:
Now. another thing. Mr.. Chairman: /
would like to have 1t go in the record
that at the informal conference that pre-
ceded the consideration of the details of
this bill the decision of the Court of Ap-
peais in regard to the snow and ice law
was presented with great detail, when it
was explained that that decision imposed
upon the municipality the burden of keep
Ing the streets and sidewalks, especially
the sidewalks. free from snow and ice
and that if the Commissioners comply
with that provision 1t will take appro-
priatton OF at least 100000, IL not more
In view of the fact that no record was
taken of that conference, 1 thought we
ought now to have it stated in the record
that we brought 1t officially to your at
order that could
whether that additional burden of mu-
nlcipal care must be provided for in the
appropriation bill"
Opposed District Doing Work.
The unanimous sentiment of the commit
tee was adverse to imposing upon the mu-
nicipality the burden of keeping the side
walks free from snow and ice. Representa-
tive Benton expressed the opinion that
large number of citizens had taken ad-
vantage of Judge Morris decision. while
Representative Gardner stated that he
thought the people were cleaning their
sidewalks about as well as usual. Com
missioner West said that there had been a
very general effort on the part of the
citizens of the District to keep their side
walks free, but he added that the District
had not undertaken. and could not under
take. TO clean the sidewalks after every
snow storm. unless the money necessary
for that work was appropriated.
There is strong impression prevailing at
Tue DistilCl DulluiuS that the united states
Supreme Court will in the future be asked to
definitely settle the question as to the
validity of the snow and ice law, approved
February. 1902. and also of the police regu-
lation adopted this year by the Commits
sioners. The District Court of Appeals
held last May that the law passed by Con-
gress, which required citizens to remove
and ice from sidewalks in front of
their dwellings and stores was unconstitu-
tIonal and void. At that time the opinion
was expressed that the question would be
referred to the court of last resort for final
decision. but this has been deferred. 1t is
believed that the Commissioners will re-
quest the corporation counsel to have the
law tested before the United States Supreme
Court. liz view OF the fact that in other
cities of the country laws similar TO that
enacted for the District are inforced and
have been held to be valid