Evening star., 1926-08-03
BOTH ST. DECREED
NO STREET AT ALL
Looks Like One, Used as One,
But Isn't One Under
Court Ruling.

Merely because a strip of real estate
about 80 or 35 feet in width and
slightly more than $50 feet in length
looks like. street, acts like a street
and has been used as a street, Is
not necessarily a street-signs to the
contrary, notwithstanding.
Thirtieth street northeast between
Perry street and Eastern avenue,
which answers most specifications Tor
4 suburban unimproved street, roughly
graded, has been deCreed no street at
all, but merely a portion OF the real
estate parcel in the hands of a pri-
vate estate, in a decision handed
down by Justice Siddons of the DIS
trict Supreme Court yesterday, deny
ing the application for injunction
sought by Fred T. and Louise Watson
of 36O1 Thirtieth "street" northeast.
A number of other property owners in
the vicinity had filed intervening pc
titions seeking similar redress.
Seek Answer to COnundrum.
The conundrum as to when
street" is not a street came to judi
cial attention when Mr.. and Mrs. Wat
son went into court seeking the IN
junction on the ground that Ethel NJ.
Rutty was closing the street on
which their house faced and was in
fringing on their rights.
Attorneys Syme & Syme for the re
spOndent contended. however. that
this Thirtieth street was no street at
all; that it had been used permissive-
ly during the period when IT was
claimed to be a street; that 1t was
really part of a private parcel of real
estate and, since it had not been dedi-
Gated and was not included on the
District Surveyors official plats as an
actual street, it did not exist as such
at all.
Attorney Sam A. Syme stated to-
day that the entire matter was In
process of settlement under consent
agreement, and that the street" was
non-existent officially as such.
To look over the spot today would
cause the casual observer some con-
fusion as to whether this were a
street or Motif he were unaware of
the legal aspect of the matter.
All the Signs of Street.
Having rounded Otis street from
Rhode Island avenue and turned right
at the telegraph pole with sign
"Thirtieth and Otis streets" then pro-
ceeded north a block to another teie-
graph pole, which carries electric
light wires the observer stops beneath
a sign indicating Perry street" "
There is a waterplug on the south
west corner Of the intersection. There
are houses on all corners except the
northwest. The one on the northeast
corner, where live the Watsons, faces
Thirtieth street.
Then the observer loL-ls down the
street which runs along its route
iiICf lilo we'll Y1o9nnpTa6 Strppt
He sees a surface approximately 80
feet wide. looking like most rough
graded suburban streets. He looks.
for he is on a slight elevation. straight
over into Maryland across Eastern
avenue, and in a straight line he sees
a continuation of what he supposes is
the street with a lane of shade trees
on either side forming a cool canopy
over the Maryland street.
Then he sees a barrier between the
two telegrap ph-or electric wire-poleS
on either corner of the north side of
Perry street. The barrier consists of
large telegraph pole lying across
Thirtieth street" and three or four
posts supporting another horizontal
cross piece. Further down he looks
and sees the same sort of barrier at
the northern end of the street" at it's
juncture with Eastern avenue.
Seems Closed for Repairs.
A second or third look reveals eight
square holes in the ground apparently
made for foundations for houses, but
left untouched for some time. One
of these runs right across the line of
the street. It's just as though the
street has been closed for repairs.
That's the viewpoint
Despite the fact that the telegraph
pole with a sign indicating Perry
street has the same sort of a sign
announcing Thirtieth street: despite
the fact that the Post Office Depart
ment has been recognizing 1901
Thirtieth street, the Watsons' home
in delivering letters there, and despite
the deceptive appearances of the
proposition, he is not looking into a
street at all, but merely down a clear
straightaway strip of private prop
erty.
So despite the fact that Thirtieth
street northeast. north of Perry street
looks just like q street lin the sub
urbs) acts just like one and has been
used for one, it is now agreed that ii
is no street at all. and from all indi-
facing on Eastern avenue.
The whole thing came up as a re-
suit of the purchase of land from the
same original estate, the old farm of
Samuel w. Pickford, which was part.
ly in the District and partly in Mary.
land, and was later Subdivided