Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-11
BACKGROUND OF EVENTS
BY PAUL J. COLLINS.

The law pena lies the chief engineer
the sidewalks before any public build
ing. except the Capitol and Concres-
sionaf Libra ry-whoSe own crews At
tend TO the work.
There has never been any test case
under this law. but. under previous
laws test cases were made by reSl
estate agents with the result Of kilt
ing the laws.
The efforts began in 1898. when
Congress passed an act requiring
owners. tenants. agents or managers
of any property ahuttine upon street
within the City of Washington or
Georgetown to clear snow within four
hours after it had ceased to fall. or
in case Of sleet or ice. 10 cover II
with sand or SawduSt or ashes with
in the same time limit. The test
OF the law was made by three real
estate dealers. Hoffman, Wassa-
maj and Gale. vs.. the United States.
Mr.. Justice Morris OF the District
Court Of Appeals ruled that the law
was void. II was void as 10 George
town. since no such city had existed
for TWO wears prior 10 the enactment.
II was found unrea soma BILE since II
required owners of property to find
sawdust or other substance TO spread
on ice. and no provision was made
10 supply against absentee owners.
Furthermore. the owners. of the rea
estate do not own the street and
the law undertook to compel private
individuals 20 clean property in
which the District holds the fee
simple. There were many other
ia uits found by the appellate court
with that law.
The next laws We're adopted by
Congress in 1897 and 1904 and tried
in test cases. Justice Morris, in tbs
case OF Mcclure VS.. the District If
Columbia. in writing the adverse opin-
ion of the court, said of the 1904 law.
We find only one section in it-that
which repeats The act of 1S97-which
does not in The same way controvert
the principles Of common right and
fundamental law He further said:
This class of legislation is nm
.doubtedly an attempt on the part of
The municipality TO shift 10 the
shoulders of the individual citizen
the burden which ii Is primarily in
cumbent on itself 10 bear. namely.
that of keeping the streets and
thoroughfares in proper condition for
the purposes for which they were in
tended. That this duty is primarily
upon the municipality cannot rea-
sonably be questioned"
Justice Morris pointed out that the
act required each tenant in an
apartment house TO clean the side
walk or go to Jail or pay fine. If
he was jailed he could not comply
with further requirements. each day
being a new offense.
Later. the District Commissioners
la
suise of police regula ton. but the
Court of Appeals ruled il as beyond
it's powers.
Congress again took up the prob
lem and pa ssed the present law in
1922. requiring all owners or tenants.
mana gers or agents of property abIt
ting on streets having paved side
walks to clean the walks within
eight hours after snow ceases to fall.
Scores of arrests will be made and
cases tried, but 1T is not expected
that any private individual will test
the case by appeal until group of
large interests undertakes to do SO,
prepared 10 face the United States
Supreme Court. And in that connec-
zion comes quotation Of A remark
said to have been made by Chief
Justice Taft some wears before he
became member of the court Of last
resort which he said. is a court
with facility. born of long practice. In
evsdins the issue.
tcooyrsht, 1925. BY Paul v. Collins1