Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-16
The New Snow Regulation.
of The Evening Star:

To the Editor of The Evening Star:
The Commissioners new snow-removal
regulation has all the vicious features OF
any Importance embraced in the act OF
Congress OF May 24. 1904. which was in the
Mcclure case declared null and void by the
Court of Appeals. 1t is, in fact, sub
stantial transcript of the first section OF
this act as will appear at once by COM
pairing them.
l might add further reasons than those
stated by the Court of Appeals for holding
the act and regulation unconstitutional and
Voldable. They attempt to force free-born
citizens. under pains of penalties, to invoI-
untary servitude. They make them mere
poems. to do scavenger work upon property
not belonging to them, but to the govern
ment or municipality.
For 1t must be remembered that in this
city property owners do not own to the
center of the street, but the government
owns streets, sidewalks and terrace. If
they owned the sidewalks they might pos
Sibly be forced to remove snow and Ice
from them as nuisances.
Because snow falls and lies upon the
sidewalk opposite the lot of citizen makes
it no more legally incumbent upon him to
remove it than it does to remove the snow
from other parts of government property.
If one falls and is injured by slipping on
ice snow on the sidewalk he has no
right of action against the owner of the
municipality or government.
There is not only the most gross and
glaring inequality in the tax imposed, but
also an inequality in the benefits to be con-
ferred.
The owner occupant of the premises
bears the whole burden, and only shares
the benefit with the thousands who con-
tribute nothing. In cases of vacant lots
the owner would get no benefit whatever.
Is it not startling that in view of this ad-
iudication of the highest tribunal in the
District that the Commissioners should at
tempt to enact substantially the same law?
But, as before said the regulation was
drawn up by the district attorney and only
"approved' by the Commissioners.
Without some explanation would it not
appear to be contempt of court? An act
also Of usurpation and rebellion? 1t is GER
tainly the most drastic exercise of legisla-
ton. 1t provided for the filming and i'm
prisonment of free citizens guilty of no Of
Tense save only the emitting to obey the
bidding of their masters. AS well might
they be sent to the chain gang at once and
dressed and clothed in stripes. and then
forced to do this scavenger work
That sidewalks, as well as cutters and
streets, should be cleared of snow and ice
whenever practicable is evident. But how
shall it be done? Most unquestionably IN
the most business-lke and inexpensive way
by similar provisions as those now APP
piled to clean the streets. The work could
be done systema tically and efficiently by
the same forces now employed to sweep
and clean the streets with comparatively
little added cost. Absence or sickness
inability in the case of women and minors
would often leave the work undone, or i'm
perfect. under the proposed force system.
If the Commissioners would forego the
asking for money for SuperfiuouS purposes,
on matters of questionable Importance. and
ask Congress TO increase the appropriation
for cleaning the streets, and have it apply
also to sidewalks, it would undoubtedly be
granted by Congress. as has been done to
tny and z
This method of doing the business would
and more business-like than that contem-
plated by the Commissioners, and would
leave the police free from the uncongenal
work of harassing the citizens, and haling
them down to the Police Court, and there
dancing attendance to give evidence in each
case. and would leave them free to dis
charge their more cOngenial and proper
duties as detectives of real criminals and
to act as guardians of the public peace
Since writing the above | see that eX-
Senator Henderson has written the Com
missioners taking substantially the same
view of the duty of city and government
to keep sidewalks clear from ice and snow
as by me expressed. And that his position
is approved by Commissioner Mcfarland
/ differ with him only in the mode of rails
ing of the money to do the work 1t should
come under the general appropriation to
clean streets. as before stated. Matters of
much less necessity than keeping the side
walks clear from ice and snow might be
knocked off, and there would be plenty of
money from the general tax to defray the
expenses. r. l.. B. CLARKE.