Evening star., 1922-02-04
ATTORNEY ATTACKS BILL.
Points to Obstacles in Way Of
Snow-Removal Penalty.

Leo Simmons. Washington attor-
ney, In q letter to the House commit
tee on the District Of Columbia, de-
clarsd the bill Of Senator Bal, pro-
vtdins for the removal OF snow from
sidewalks under a penalty for fail
Senate Thursday. is absolutely un.
necessary and should not under any
circumstances become effective"
Mr.. Simmons pointed out in his
letter that more than 95 per cent Of
the property OF the District. where
SIDEWALKS snn 20 exist: was cleared Of the
within q reasonable time after the
unprecedented snowfall Of last week.
Il will venture to say" he con-
ttnued, that no other city in the
United States has shown the spirit
Of The people OF the District Of Co
and reasonable: for many Of them
have not only removed the snow from
the walks sufficient for travel but
a great many have opened the gut
ters In the public streets. while the
the parking walks (now nearly a
week since the fall OF the snow), In
q greater part Of the residential Sec
tions. and in many places in the
business sections. are yet glutted
Win bnOW AnQ "AIcE, AHO pTOD-
ably remain SO until conditions Of
the weather remove the trouble"
Mr.. Simmons said he walked from
his residence in Washington Heights
to his downtown office every morning
during the snowy conditions. and had
no difficulty, except At street cross
ings and over the walks through the
government parking and those walks
abutting same"
III the king should slip upon his own
walk because Of his neglect in not hav-
ing the snow and the ice removed;
his fall?" asked the lawyer. "Such IN
act" he added, would be similar to
the law proposed by the Senate bill.
'Tt has been now nearly twenty
years since our Court Of Appeals held
q law recurring an an abustine ,atti. property
or footwalk (over which he had no
controO for the benefit Of the public
repugnant to the Constitution and void.
"The only difference between such a
law and the one proposed b. BY the Sen.
a citizen refuses to remove the snow
the municipality may do so and tax
private property for the cost. If the
District would remove the snow at $3.50
per day for men and charge for the
actual cost OF doing SO there would
property owners who would not feel II
to their advantage to wait for the Dis
trict, because Of the reduced price Of
labor used In the work; this is plainly
apparent when the fact is that many
snow have paid al much az 81 per
hour for performing such work.
III this law is passed It will permit
the assessment OF private property
upon the pure statement Of one man
that tho snow in front Of AS house
had not been removed. while in fact
house. but in front Of D's. In order
to assess As property 1t would be
necessary to have . proper descrip.
tion of As land. and there IL not one
inspector out Of nifty that would be
competent to decide such a question,
for the reason that, In order to do 50.
surveyors once and. In many in
stances. the deeds at the recorders
consequently. the number Of in
spectors for such work would run
into thousands, and such employees
would have to be title examiners in
order to perform their duties proper
necessary amount Of Mtigatioa would
be created; for, at the time the as.
sessment would be levied. the chances
are very great that there would be
no snow or evidence Of what had
taken place, and the property owner
would be left at the mercy. often
tfneed with spite. Of the inspe
IT am writing you this without any
hope Of avoiding the effect OF such q
law personally, but to impress upon
you the force Of the situation. bear
ing upon the crime. premeditated and
Of tho refusal Of Congress
to allow the people OF the District of
Columbia to govern their affairs"