Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-04
MUST SHOW CAUSE
NORTHEAST CITIZENS PROCEED
AGAINST DISTRICT.
Local Authorities Must Answer in Case
Of Narrowing G
Street.

ing through its officers, DR.. Leroy D. Wal
ter. Evan H. Tucker and William ]. Friz-
zell, this afternoon instituted proceedings
in equity in the Supreme Court of the Dis
trict of Columbia, the object being to re-
strain the narrowing Of the roadway Of g
street northeast from 4th to 14th streets
to 30 feet, and 7th street northeast from
Maryland avenue to Florida avenue to 80
feet, by the Commissioners of the District
of Columbia, under their recent order. In
substance, the compliments claim that an
act of Congress prohibits the narrowing of
any roadway in the city of Washington to
width of less than 30 feet, and they al
lege that the action of the Commission
ers is unlawful, and involves an unlawful
expenditure of public money. They bring
the suit in their own interest and in the
interest Of all citizens of the District Of
Columbia. who are concerned in preserving
the lawful width of the public streets. The
compliments are represented by Attorneys
Henry c. Stewart and Mason N. Richard
son.
1t is set forth that each of the COM
plainants is the owner of real estate in the
District, upon which he has paid the or
binary taxes assessed upon real estate, and
also owns real property on the streets re-
ferred to.
1t is explained that by an act of Con-
gress. approved April G, 1870, it is pro-
vided THAT the corporation of the city of
Washington be and is hereby authorized to
set apart from time to time as parks to
be adorned with shade trees, walks and
inclosed with curbstones, not exceeding
one-haf the width of any and all ave
nues and streets in said city of Washing
ton. except Pennsylvania, Louisiana and
Indiana avenues and ~ street between
city hall and Pennsylvania avenue, leaving
roadway of not less than thirty-five feet
In width in the center of said avenues and
streets or two such roadways on each side
OF the park in the center of the same, but
such Enclosures shall not be used for pri-
vate purposes" and by section 225 of the
said Revised Statutes relating to the Dis
trict of Columbia, approved June % 1S14
the provision of law is re-enacted
That subsequent thereto. by act of Con-
gress, approved March 5, 1881. much of
said acts as apply to Louisiana and In
diana avenues and AZ street is repealed,
but in all other respects the acts are and
remain in full force and effect.
Order of Commissioners.
1t is added that April 6, 1908, the Com
missioners of the District of Columbia
passed an order as follows:
Ordered, That the roadway widths of the
streets hereinafter mentioned are hereby
established follows: G street northeast
from 4th to 14th streets, thirty feet; 18th
street northeast from Maryland avenue to
Florida avenue, thirty feet; sth street
ida avenue, thirty mine feet"
Pursuant to this order, the defendants, in
their said official capacity. it is declared.
are now engaged in the work of removing
the curbng and other portions of G street
from 4th to 14th street northeast, for the pur
pose of carrying into effect the order, there
by narrowing the roadway of that street
to thirty feet; that the present width of G
street northeast from 4th street to 14h
street northeast is thirty-five feet, and the
present width of 9TH street from Maryland
avenue to Florida avenue northeast is
thirty-two feet.
The compliments aver that the proposed
action of the Commissioners of the District
in narrowing the roadway of the streets In
question is illegal, in this, that the acts of
Congress quoted expressly prohibit such
action on their part, and there is no au-
thority in law therefor, and there is not an
authority of law revoking, qualifying or
amending said acts of Congress in any
way, manner or form inrespect to the width
of roadways in the District, and In their
conduct they are expressly ignoring an act
OF Congress and acting against the provis-
ions of the statutes The proposed action
on the part of the defendants will result in
great loss to the compliments, the latter
assert involve the District of Columbia in
unlawful and unwarranted expenditures
which Will come out of and be charged to
the revenues of the District, to the great
and manifest injury of the compliments
and of other Taxpayers
1t is asked that the Commissioners and
their successors in Office be enjoined pend
Ing the suit and perpetually thereafter from
narrowing the roadway of the streets re-
ferred to, or either of them, less than
thirty-fve feet, and that a rule to show
cause why the prayers of the compliments
should not be granted be issued
The petition was presented to Justice An
derson in Equity Court No. 1. who issued a
rule to show cause, returnable the 10Th in
slant.