Evening journal., 1908-09-23
QUERY: WHAT IS
AN APPROACH? {?
Question Involved in the Case
Against Owners Of Jenny
Building
Mr.. HARTMAN ASKS
BENEFIT OF DOUBT

The question OF what constitutes an
approach TO building was argued at
some length in City Court this morn
ing before judge Cochran. when the
case Of Annie L. Maver and. Lean
jenny. owners of the new Jenny build
ing. was given "A hearing. Tho cas-,
was continued TO next Thursday when
further argument win be heard. The
charge against the owners OF the build-
ing is that they have violated section
two Of a resolution relating to the con-
struction Of approaches. steps or other
structures to buildings.
This case has been aired before in
the City Court. but Il was dismissed
at n hearing some weeks ago the
court holding that the city ordinance
governing areaways did not apply TO
the case in question. Since that time
the Street and Sewer Department drew
up a resolution in which II was be-.
lieved that every phase in the matter.
had been covered. But at the hearing
this morning tile defense contended
that the structure was not an approach
and presented clear cut argument
10 the court to sustain the conten.
tions.
Mr.. Harman Resists.
Attorney Robert G. Harman repre-
sented the defendants He said thar
he was ready to present arguments az
anv time 10 show that the Street and
Sewer Department had no right TO in-
terfere in the matter as the Legislature.
he said. had allowed tho right Of own
ers of buildings TO build lifts within
certain limits that would be for THE
purpose Of facilitating the handling of
merchandise. When the case IS heard
again Il is expected that these argu.
ments viii be taken up by MIR. Har-
man.
Mr.. Harman contanded that his
clients ought 10 be given the benefit OF
anv doubt I'm the matter as 10 whether
the structure was an approach or ar
entrance. for he said that It seemed t'
him that his clients had been single,
out for prosecution. ana stated that 81
far as the ordinances ve-e concerned
they were being violated by builder
every day in the city But he said tha
his clients had kept within the limit
Of what he claimed was allowed by
/ statute.
Hinges on Definition.
City Solicitor Satterthwaite said tina
he had hunted round among legal die.
tionaries for a definition Of an ap.
proach but couldn't hnd any. He gav,
the definition as contained in Webster's
unabridged. but said that he would
make his arguments on a common
sense ground rather than from a
technical standpoint
Attorney Herman had witnesses, ex.
pert witnesses to define an approach
and an entrance. An approach Is
where you go into a building either on
level or on an incline, an entrance
is where you go down hill to get into a
building. he contended. The distinc-
tion is finely drawn. bur the court was
satisfied that the matter rested upon
the definition of an approach. If this
as yet unqualified contrivance for TAX.
ing boxes and things down TO the cel-
lar is ain approach to the building. then
according to the Street and Sewer De.
partment and Mr.. Satterthwaite. II Is
against the law; If It isn't an approach
but something else. then it is all right
The contrivance is similar to many
others that ave to be seen in the city''
sidewalks. 1t is used TO carry freigh
and the like TO the cellar. II has beer
( termed an elevator or n sidewalk lift
Mr.. Harman presented John J. Cassidy
| William BrinclSle and William Connolly
and others as eNDert Witnesses familiar
with the construction Of lifts. ap
proaches. entrances. elevators. an,
things Of like build. Until the case II
heard again. however. me question az
TO what is an approach remains un
answered.