Evening star., 1927-05-26
Court of Appeals Holds Light
Law Applies to Passage
and Not to Houses.
CONDEMNATION OF OLD
BUILDINGS PROVIDED
Review by U. S, Supreme Bench
Possible, but Definite Decision
Is Delayed.

The District of Columbia lost an
important round in its legal fight to
prevent the erection or maintenance
of dwellings, in alleys today when the
District Court of Appeals. in an opin-
ion by Justice Van Orsdel, held that
the restrictions applying to sewers.
water mains and gas or electric light,
as contained in the act of September
25, 1914, applied to the alleys them
selves and not to the houses erected
therein.
Justice Van Orsdel affirmed the
action of Judge Gus A. Schuldt of the
Police Court in quashing an informa-
tion against Franklin p. Nash, Wilbur
+. Nash and Jane Nash for an alleged
violation of the act.
The case was heard on an agreed
statement of facts which showed the
house, 239 Bassetts alley, to be on
an alley less than so feet wide, not
running through the square, but sup
piled with sewer, water mains and
gas. The premises are connected with
water main and sewer, but have not
gas or electric light.
Not Subject to Condemnation.
"It will be observed" says Justice
Van OrSdel, who rendered the
opinion, that the statute does
not undertake to prohibit under any
circumstances the habitation of dwell.
ing houses fronting on an alley. 1t is
in the nature of a building restriction,
a prohibition against the future erec'
ton or repair of dwelling houses 10.
Gated upon an alley described. 1t also
provides that where a building has de-
preciated more than one-half of its
original value it shall be condemned
and removed under the law.
From the agreed statement OF
facts it is apparent that the house In
question is a dwelling located on the
alley described, which is in good repair
and not subject to condemnation un.
der the statute. The charge of the
informal ton is that the building Is not
supplied with gas or electric lights.
There is nothing in the statute which
provides that buildings located upon
alleys shall be supplied either with
gas or electric lights.
THE provision relating to the alley
is that it (the alley) must be lighted
either by gas or electricity. In this
case 1t is stipulated that the alley
is supplied with sewer and water
mains and is lighted by gas, which
complies with the requirements of
the statute. 1t follows that upon no
theory can the present information
be sustained, for the reason that it
does not charge an offense cogniza BILE
under the statute. The motion to
quash, therefore, was properly sus-
tanned"
Only One Means Open.
Assistant Corporation Counsel e.
W. Thomas. who. with Corporation
Counsel Stephens represented the
District, said that under this decision
the only course by which the city
could close the alley dwellings would
be under that clause of the law pro-
viding that alley dwellings shall not
be repaired or made habitable after
they have deprecated more than so
per cent. There is another old statute
under which the District condemns
such buildings.
The District still has the oppor-
tunity of seeking to have the law re.
viewed by the United States Supreme
Court, but officials of the city's legal
department said that the question
would have to be taken up with the
The first attack on the validity of
the alley dwelling law was made some
years ago in the District Supreme
Court by an injunction proceeding, in
which that tribunal also held that
the restrictions as to sewer, water
and lights referred to the alleys and not
to the dwellings,. The District of Co
lumbia appealed from an injunction
granted by that court and the Court
Of Appeals held that the District
authorities could not be enjoined
until a criminal proceeding had been
instituted for an alleged violation Of
the law. The information was then
filed in the Police Court and when
the trial judge granted the motion to
quash, at the request of counsel for
the owners, writ of error was asked
by the corporation counsel. which was
decided today.
Decision Far-Reaching
The act of 1914 provides: 1T shall
be unlawful in the District of Co
lumbia to erect, place or construct
any dwelling on any lot or parcel of
ground fronting on an alley where
such alley is less than 80 feet wide
throughout it's entire length and which
does not run straight to and open on
two of the streets bordering the
square and is not supplied with sewer.
water mains and gas or electric light.
Any dwelling now fronting an alley
less than 80 feet wide and not extend
ig to the streets and provided with
sewer, water mains and light as afore-
said which has deprecated or been
damaged more than one-half its origi-
nal value, shall not be repaired or re-
constructed as a dwelling or for use
as such and no permit shall be issued
for the alteration, repair or recon
struction of such building, when the
plans indicate any provision for dwell
ing purposes.
Lawyers in the corpora ton coun.
sells Office also interpreted the decision
as meaning, in effect, that the restric-
tions as to an alley being 80 feet
wide. running straight through a
block and being provided with sewer,
water and light, was intended to apply
to dwellings erected in alleys in fu-
ture.
Since nearly all of the alley dwell
ings were built before the law was
enacted the decision becomes tar.
reaching one under the view taken
by counsel for the District. from what
they had learned of the ruling today.
Byrd Would Wait.