Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-11

Announced nv all the trumpets Of the SKY
Arrives the. snow and driving DER the helds
Hides hiIls and woods. the river aud the
heaven.
Farmers and youths rejoice farm
ers because the snow is the poor
mans fertilizer" and the youths. with
sIeds and sturdy hands. make merry
with the white snow and invite to
frisky games of sled-riding and snow
battle.
Rut what of the Sedate property
owner whose sidewalks lie buried a
foot deem when no Shoveler seeks a job
of removing the cold lncumbrance :.
| What of the patriotic resident VINO
Iovallv clears his own walks. but looks
with diSmay upon the snow barriers
in front of the neishborins houses
houses vacant. bearing signs. For
Rent" or For Sale" Their owners
are perhaps. hasking in Florida, and
their agents diSavow any responsibility
beyond their commission 10 sell or
rent.
Last Winter. the city authorities
were criticized by public sentiment for
failing to clear the snow for automo-
bile traffic: this year they were pre-
pared as to the roadwayS. Rut along
side OF the District Building. wherein
sit and ponder the District Commits
sioners and all other District officials,
there Is q path of only feet clear
ance. when the congressional enact
ment demands that all residents and
others In authority over property sha II
clear the sidewalks to a width of 8
feet.
The Va me law declares that all own
ers. tenants or managers OF private
property fronting upon street shall
clear snow or ice within eight hours
after the 81 id snow ceases to fall. The
corpora ton attorney intImateS that.
Judging by past experience with laws
to compel private persons 10 work
where the courts have ruled II To he
the obligation of public officials To d"
all the work. one may quote Shake
speare Il tell YOU. It's ricour and not
law" and. in the disposition of many
such citizens. the words Of shake
speare again appear expressive. This
being done. let the law go whistle.
Many large cities have had 10 face
litigation TO demonstrate the right TO
legislate for citizens and other oCcu-
piers of property to keep the snow off
of the sidewalks. The courts have held
that the City of Washington, having
no local government with any power
to legislate beyond police regulations.
is quite different from a city of local
councils and aldermen.
Washington has had four laws re
curing private persons to clear snow
and ice from sidewalks in front of
property which they occupy, control or
own. Three of the laws, in turn. have
been declared by the District Court
of Appeals to be unconstitutional: the
fourth one is Yet uncontested. but is
seriously questioned by lawyers, upon
tho same grounds which operated
against the previous laws. The CorpO-
ration Counsel. Mr.. r. H. Stephens. an
nounces that the law will be enforced
until some violator is found who is
ready to contest il. and then the test
will be carried not only through the
District Court of Appeals. but to the
United States Supreme Court. In or
der to define the limits of rho Dis
trict Commissioners jurisdiction or
even the power of Congress to legis-
late upon the subject.
X X X X
The present law fixes penalty re-
covering 1.-THE outlay necessary when
the authorities clean the sidewalks for
delinquent owner or tenant, plus
$25 for each offense--and each day s
delay constitutes a new offense. I'm
prisOnment may he added. The au-
thorities are limited in clea ming wallis
by the failure of Congress to make
appropriations to cover the la Dor. hut
that does not preXent arrests Of prop
erty owners.