Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-09
THEY APPLY TO CONGRESS
Action Based on Recent Decision by
Court Of Appeals.
EXPLANATION OF POSITION
Amount and Kind of Traffic Should
Govern-Work Said to
Be Hampered.

Basins their action on recent decision
OF the Court OF Appeals of the District OF
Columbia, the Commissioners today applied
to Congress for legislation which will grant
them full power to widen or narrow exist
ing streets. In the Injunction suit filed by
the citizens OF Northeast Washington to
restrain the narrowing of 5th street norh-
east the Court OF Appeals held that the
Commissioners have no express or implied
power to narrow an established street"
Subsequently application for a rehearing
was made. but the court denied II. AT that
time # was stated that the only recourse
of the Commissioners would be 20 secure
legislation. and il was stated In The Star
that such action would be taken.
The proposed change in the law the Com
missioners propose to secure In connection
with the District appropriation bill and in
a communication addressed to Representa- d.
tive Gillett today they ask that the follow
Ing section or enc similarly worded, be
enacted:
1.-THE Commissioners OF the District OF
Columbia are hereby given continuing
power 10 alter and change the width and
grade of all parkings, sidewalks, roadways
and carriage@'sys ib the District of Column
bia, and repair and improve the safne under
tbs entire control and jurisdiction thereof
heretofore vested IN them by law which
entire control and jurisdiction Il hereby
confirmed"
Position of Commissioners.
Tbs position In which the Commissioners
are how placed is explained at length In
the letter 10 Chairman Gnlett OF the SUBJ
committee OF the commiuee OF appropria-
tions. in the course of which 1t Is said: -
The guiding principle which has actu-
ateG the various boards of commissioners
has been that the width of roadway
should be in accordance with the amount
and kind of traffic: that anything adj
tional Is an expense both of construction,
cleaning and maintenance ana undesirable
in this city. The width Of street between
building lines giving light and air is very
different and is not under consideration
"A roadway Is widened or narrowed II
changed at all (and a rule no changes
made) when the question OF paving OF
resurfacing. or laying the curb for side
walks IS under consideration, The narrow
Ing usually occurs in the case OF paving OF
streets laid out with curbs probably thirty
five years ago but left unpaved. OF course,
until paved the extra width does not entail
extra expense. BY the time IT Is paved the
character of the street is determined ana
a proper width can be assigned. The widen
ing is usually for street cars. 1t Will be
seen that this policy has been followed for
a number of years and was not inaugurated
BY the present board Of Commissioners.
Subject to Injunction.
The Commissioners are now IN the posi-
ton chat if t. IL necessary 20 widen o.
narrow a roadway even a few inches for
the purpose OF rectifying the Alignment of
the curb or Of setting a few inches fur
Their from the trees they are subject TO
injunction As matter OF fact one OF
the roadways enJoined by the court was a
narrowing of six inches on either side,
adopted for the sole purpose OF saving a
beautiful row trees.
IF the discretion 3 to widths of road
ways is-to be placed with the Commission
ers. and it Is believed their record UP TO
date while they have been exercising ple-
nary power, will indicate this as the best
policy some legislation should be obtained.
If it is the. desire OF Congress 10 pass on
each street the width will have to be
inserted for each street or county ROAD
to be improved.