Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-11
COURT OF APPEALS OPINION
Regarded as Probable That Rehearing
Will Be Asked.
MAY BE TAKEN TO CONGRESS
Reversal Of District Supreme Court
In Matter of Reducing
Width Of Roadway.

Appeals was handed down Wednesday In
the case of the Northeast Citizens Asso-
citation against the District Commissioners
the question of the actual power OF she
Commissioners over the streets OF the DIS
triet. In the light OF the latest construction
OF the law voiced in his opinion by Mr.
Chief Justice Shepard. has been subject
of much discussion In the District building
1t was intimated yesterday. however. that
an application will be made to the Court OF
Appeals to stay It's mandate and for re-
hearing OF the case. District authorities
claim that more evidence could be produced
and it Is hoped. il the case Is reopened.
that the decision of the District Supreme
Court in favor of the Commissioners will
be sustained.
In the In point Leroy d. Walter.
Evan II. Tucker and William ]. Frzzelf.
on behalf of the Northeast Citizens AS
ISOLATION. through Attorney Mason. N
Richardson. applied to the District SUI
preme Court for an injunction against the
Commissioners. who had arranged to re-
duce the width of roadway of g street
northeast from tffrty-five feet to thirty
feet. the contention being that the Com
missioners Were exceeding their authority
On the ground that>the Commissioners had
the right to regulate the width Of streets
the lower court refused the Injunction. and
the citizens association carried the matter
before the Court of Appeals.
Opinion Of the Court.
Chief Justice Shepard, who announced
the finding Of the court said that the only
question in the case was whether or not
the power to make such alterations in the
streets rests in the Commissioners, and
added that the exclusive control of the
streets and the right to make regulations
for keeping them in repair does not imply
the power to change their width at discre-
ton after they have been established and
gone into public use. II the power, to mar
row the width of the roadway at all In g.
single street can be implied from the gen.
eral control power the court declared. 1t
may be exercised to any extent in the dis
erection of the Commissioners, short of clos
ing it completely, and by the same reason
ing all of the streets and avenues of the
city might be subjected to the same pro-
cess at discretion
This finding of the court was formally re-
ported to the Commissioners by Corporation
Counsel f. II. Thomas, and Immediately the
general discussion of the obvious curtail
nlent OF the power of the Commissioners over
the thoroughfareS of the city began. 1t was
pointed out that, under the decision of the
court, which directs the issue of the injunc
ton by the lower court, the whole method
of procedure OF the District engineering de-
partment with reference TO street improve
ments would be revoutionized. The pro-
posed narrowing OF G street northeast,
which was contested, was only one of many
similar items in the whole campaign of
street improvements, and G. street was TO
be brought down to uniform width of
thirty feet. as to conform 20 other ttreets
and because it was believed that that width
would afford ample accommodation for traf-
fic. 1t has been proven by actual test that
asphalt wears better wher used, and the
added expense of keeping the additional i've
feet which were regarded as unnecessary,
was a considerable item.
scope of the Decision.
The decision OF the court however. not
only operates to restrain the Commission
ers from narrowing G. street, If is contended,
but it serves also to prevent them from
either narrowing or widening other thor
oughfares as changing conditions would
seem to warrant. One OF the most serious
problems the local authorities must face, IL
the court does not stay its mandate, and II
a reilearing does not accomplish the desired
end is that of continuing the improvement
of streets by substituting substantial new
granite curbing in place of the old blue
stone curb which still exists at the side
walk line of many highways. The blue
stone curb Is generally of four-inch thick
Aeas ana .He new granite OF SIX lnches. II
has been the custom in setting new curb
to allow the additional two inches on each
new stone to lay over the former roadway
line because to set 1t back even that rela-
lively small distance would result In the
destruction of many beautiful trees which
line the parking. usually very close to the
old curb stones. It viii be seen that new
six-inch curbing on each side OF a street,
laid by the system now obtaining, wou-A
result in narrowing the thoroughfare by
four inches-a thing which comes under the
ban by this decision of the court.
A probability, in case existing law is
found to be insufficient to authorize such
control of the streets by the Commissioners
is that an appeal will be made to Congress
for the enactment Of statute OF wider
scope.