Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-24
WIDTH OF STREETS
Justice Staford's Opinion
Filed Today.
A Bill L DISM ISSE ID
SEEKING TO ENJoIN THE MAR
ROWING OF RoADWAYs.
Commissioners Have Power to "Repair
and Control" Streets-Col. Bid
dies Statement
A BILL DIST MISS E D

Justice Stafford, in Equity Court No 2.
today filed written opinion dismissing
the bill of Leroy D. Walter and others
against the District Commissioners The
complainants sought to enjoin the mar
rowing of the roadway in certain streets
to less than thirty-five feet between the
curbstones. An appeal was noted.
The Commissioners were about to make
a change in G. street northeast between
4th and 14th streets, by increasing the
present sidewalk and narrowing the pres
ent roadway, and a similar arrangement
was proposed as to certain other streets in
the northeast section.
Attorneys for complainants urged at the
hearing that the Commissioners have no
right to narrow any roadway so as to
make it less than thirty-five feet between
the curbstones. relying on section 225 of
the Revised Statutes, under which 1T was
claimed the Commissioners We're acting.
The attorneys for the District commended
that they We're not proceeding under the
above section, but had authority for their
action as successors to the board of pub
lie works, which allows the Commission
ers entire control of and to make all reg
uIations which they deem necessary for
keeping in repair the streets, avenues and
alleys in the city.
Power of the Commissioners.
'"The question to be decided the justice
says, ''is whether in repairing the streets
the Commissioners have right to vary the
width of the roadway and the width of the
sidewalk, taking from one and giving to the
other, as occasion may require. This should
be answered in the affirmative. according to
the opinion 1t would seem clear that IN
the absence of any restriction the Com
missicners would have authority to make
any reasonable change between the width
of the roadway of the sidewalk, which
seemed to them to be demanded by the
needs of the locality, such power being i'm
piled in the power to repair and control
That section 22J. requiring the roadway to
be not less than thirty-five feet applies TO
every street in the city is denied by the
opinion, which holds that the section ap
plies only to such streets or portions of
streets as the Commissioners propose to
treat in a particular way, by setting off
portions for a public park.
No division of the street between road
way and sidewalk has ever been established
by Congress, and this division was made
bv the board of public works or by the
Commissioners. its successors.
at would seem unlikely concludes JUS
tice Stafford, that Congress expected to
be called upon to pass a special act eacn
time it should become necessary to change
in even the slightest degree the proportions
between the ways devoted to pedestr TRANS
and those devoted to passers in vehicles.
I'VE think the authority of the Commits
sioners TO do what they are proposing to do
is clear and ample under the general
thority conferred by section 81 of the stat
utes at large"
AS stated above. the compliments noted
an appeal from Justice Staffords order
Diminishing their bill, and bond for costs
was placed at 800.
Colonel Biddle's Statement
Col. Biddle, Engineer Commissioner when
shown a copy of Justice Stafford's opinion.
made the following statement:
The object of streets Is, first to afford
circulation; second, to give light and air
TO houses abutting and. third--in the Dis
trict of Columbia-to permit the planting
of shade trees, the laying out of grass plots
and to beautify the District in general and
the individual premises In particular.
The streets in the District of Columbia
are almost ably-especially within the
city limits-wider than is necessary for cir
culatton, but none too wide for light and
air and beauty. A cross-section of the
great majority of the avenues and streets
shows them divided into roadway, sidewalk
and parking. In each individual case the
width of each of these divisions must de-
pend on the conditions that exist at that
point.
Sufficient width must be given for a
proper circulation, but beyond that point
every foot of pavement and sidewalk is
disadvantage, for the reason that the cost
of laying pavement and of repairing and
cleaning it becomes greater. the area of
parking and grass plots is diminished and
the trees are required to be placed nearer
to the houses, this latter being a distinct
disadvantage, the trees would shade the
houses too much and less ground is given
them to develop.
Trees the streets and avenues form
Washington's chief claim to beauty In
other cities trees exist on certain streets,
but in Washington they are almost uni
veIsal. and for many reasons are even
more desirable on business than resi-
dence streets because they afford shade to
more passers-by. Desirable these trees
are, they are not without their inconyeni-
ences. and while desired by the citizens as
a whole, many applications received to
remove trees in front of individual houses
on account Of too much shade or hiding the
front. Therefore the trees should not be
too near the houses, and in the streets OF
a width of 100 feet and less the amount OF
necessary space is often hard to obtain
The proDer Policy