The Washington herald., 1910-12-29
CLEAN SIDEWALKS
UP TO UNCLE sam
District Resident Hits Hard
at Present System.
OBJECTS TO PRINCIPLE OF LAW
Former Senator John b. Henderson
scores Arrangement by Which
Streets Are Cleaned at Public Ex-
Pense, While Property Owners and
Tenants Must Clean Pavements.


Editor The Washington Herald;
Your editorial article, ~ Word More
About the Streets" induces me TO add a
line or two from the pages of my own
experience Of thirty or forty Ninters.
The present system of imposing the
duty of cleaning snow and ice from side
walks by the proprietors or occupants Of
adjacent lots has heretofore proved, and
it viii forever in the future prove, TO be
inadequate, if not totally Intellectual That
such must be the result grows out OF the
very nature OF the case.
l. The sidewalks by whomsoever they
may be constructed are placed upon pub
lie property-on property owned by the
government, and they, therefore, are
themseis es public and not private prop
erty. Like the streets Of the city their
use is. and must be, common 10 all, not
only 10 the inhabitants of the city. but
to all the people of the world. and the
adjacent proprietors of lots have no right
10 forbid such public and general use.
Agreement of 1873.
The streets of the city are properly
cleaned at public expense. that is. one
half OF said expense is paid by the Dis
trict OF Columbia and the other half by
the government of the United States. as
agreed upon between said parties in 1873,
and then placed among the statutes of the
nation as solemn act Of Congress.
>. Ever since the passage Of this act
of 1915, period of thirty-five years Con-
gress, as enjoined by the az reement. has
without objection made the Necessary ap-
propriatIOns 10 clean the streets and keep
them in proper repair. and each party
has paid its half of the expense.
Now, let me ask in all seriousness
upon what principle of law or of justice
are the sidewalks excepted or excluded
from similar treatment? The streets and
sidewalks are similarly situated in every
respect They are. as already stated.
both situated on land owned by the
United States They are both public
highways. subject to public and general
use, and each absolutely necessary 90
the transaction Of the business of the
Capital as we'll as the convenience OF all
persons, whether resident or nonresident,
whether citizens or strangers within our
gates.
Why Congress- Complaint!
Indeed, if the statute law of the land
predicated upon the solemn obligations Of
a contract on the subject had been OBJ
served. not even the unusual occurrence
of a ten-Inch snowstorm would have been
permitted TO ruffie the tempers of our
government officials, from our even-tem-
pered President down 10 the lowest grade
of oficialdom. And least of all. perhaps.
why should the members of Congress
complain? They are our great and cur
only lawmakers, both for the nation and
It's Capital. II is the reasonable pre-
sumption that they know and Will obey
the laws which they themselves have
made.
II so, why not an appropriation for
cleaning Sidewalks Does il not seem To
have been a plain duty? To each mem
Der Of Congress who hnds fault ana
seeks a culprit responsible for the
condition Of the sidewalks. the words
OF Nathan unto David may be appro-
priatcly applied; Thou art the man"
Into the minds of some a singular fear
has crcpt Of late that the citizens OF
this District are not sufficiently taxed
And Congress, obedient to that assump-
ton, Is constantly being driven To the
manifest violation Of the agreement of
1915. Works Of undoubted public and
general utility, and clearly embraced
within that class of objects. whose cost
Of construction was to be divided be
tween the national government and the
District are now constantly devolved by
law upon the revenues Of the District
alone
Hole
though they may be of special and pc
culiar public necessity, are now ordered
TO be opened by funds obtained by
levies OF special taxation upon what are
called adjoining" or "abutting" proprie-
tors of land. And was it not a spirit
OF the same kind that induced the i'm
possible and impracticable method Of
cleaning the sidewalks at the individual
expense Of lot owners abutting on the
If a cleans his sidewalk. and &, the
owner Of an adjoining vacant lot re- f!
sides in California or in Europa or in 1
Asia, the pedestrian may pass dry /
shod in front Of As premises only to sir 4
and fall In front of BIS vacant lot Ans
how is to be reached? II VIII cost /
more TO get him into court than il would /
have cost the District to clean the side 4
walk. And If a penalty be attached and /
the lot sold, the deed OF the purchaser
Is worthless. for the reason that everv /
step in the process of the proceeding nee
essary 10 a sale must be proved aIiunda /
In other words. the whole scheme is /
against law, against every element of (
justice, against repeated decisions of the
courts. It is not supported by any ele-
ment of economy and is impossible of /
execution.
Amount 40 $4,000, 900.
II members of Congress will stop TO
indulge moment in figures, they will |
ind that for the year 1911 the revenues
Of the District will amount substantially
10 $l2000,000 the government will furnish
i6.00O,o00O and the District will furnish
100000 by taxation Of its citizens The
population of the United States. outside
IF the District is over 100, 100000 inhabi-
-ants. Hence the people outside the Dis
-rict pay cents per capita and those
inside the District must pay SlL65 per
capita to keep up their end OF the ex-
b HENDERSON
Washington Dec q
RAINLESS FIVE MONTHS.