Evening star., 1923-04-17
ALLEY CLOSING LAW
TO HIT FEW HOMES
Stephens Explains Limited
Scope of Statute to
Commissioners.
REPLY TO INJUNCTION
City Heads Take Up Proceedings
Attacking Validity of Law, Claim.
ing Police Power of Congress.
REPLY TO INJUNCTION

The Commissioners today asked
the District Supreme Court to dismiss
injunction proceedings by which
Charlotte Z. Lockwood and other
property owners attacked the valid
ity of the alley closing law, which
goes into effect June 1.
The Commissioners claim the act
OF Congress is a valid exercise of the
police power and any injury or dam
ages sustained by the property own
ers by its operation constitute a
wrong without injury" for which
the law allows no redress.
Stephens Files Motion.
Corporation Counsel Stephens filed
the motion to dismiss the suit.
AT the same time the Commission
opinion of Corporation Counsel Ste
phens, which will make 1t necessary
for the Commissioners to evict only
a small percentage of the 10000 alley
dwellers on June 1.
The corporation counsel. after a
careful study of the alley-closing law,
reached the conclusion that 1t Is in
tended to affect only those alleys
which are less than thirty feet wide
ana which do not run straight
which are not supplied with sewer.
water gas or electricity.
Ask for List.
These provisos will have the effect
or eliminating large majority of the
inhabited alleys from the operation of
the law. The COMMISSIONER Endorsed
In principle findings Of the corpora
ton counsel and will direct the en-
glneer department to make the neces-
sary investigation to list those alleys
which fall within the law
Mr.. Stephens rendered his opinion
on an inquiry made to the Commits
sioner's as to the status of Browns
court. He said. in part:
Browns court Is only twenty five
feet wide and does not run through
to two Of the streets bordering the
square. 1t is. therefore. to that ex-
tent within the prohibited class. 1t
is understood. however. that Browns
court does have sewer, water mains
and gas or electric light. and if such
Is the case. 1t is believed, as herein
after indicated. that such will
take 1t out of the class of prohibited
alleys.
Scope of Law.
in considering the enforcibility of
a statute it must be viewed from the
standpoint of. first. it's validity; that
is, whether constitutional or uncon-
stitutional; and second, its construc-
plication. So far as concerns its
constitutionality. 1t may be assumed
for the purpose of this opinion that
the courts would give a liberal in
depreciation to this act as being
within the police power for the pro-
lection of the public health, morals,
safety and welfare of the District as
recited in the act itself.
But so far as concerns the scope
and extent of its application, the
rfa would 20 of "a
act strictly against the government
and literally in favor of the property
owners as being in derogration of the
common law. as being at least quasi
criminal and as depriving property
owners OF their property rights.
1T will be noticed from the portion
of the statute quoted that the unde-
sirable or adverse conditions aimed
at by this statute are all stated in the
conjunctive.
The act provides that the use of
such alleys shall be unlawful where
the alley first is less than thirty feet
wide and second, does not run straight
through and open on two of the
streets bordering the square, and is
not supplied with sewer, water and
gas or electric lights. All three of
these adverse elements must coincide
in order that the unlawful conditions
shall exist.
Way Out shown.
Furthermore. an alley which is now
within the prohibited class may be
taken out of that class by improving
1t to the extent of only one of the
three elements recited; for instance,
If sewer, water and gas or electric
lights should be installed. either
prior to June I or subsequent thereto
the unlawful alley will become a law
full alley and beyond the power of the
court to disturb so far as this statue
Is concerned.
THE same would apply. Of course, IL
the improvement was made in one Of
the other aspects such as widening 1t
to more than thirty feet or extending 1t
through to two Of the streets bordering
the square These latter, however, are
not practicable.
"It would therefore seem that the
hardships that would otherwise be in
voked by the enforcement Of this act
can be very materially kept down by
the above construction Of the act and by
making the improvements suggested in
those cases where necessary"