Evening star., 1937-01-18
NIGHT PARK|NCbA
IS HELD ILLEGAL
IN COURT BATTLE
Commissioners Hit for Mis-.
use of Power in SnoW-Re.
movaI Regulation.
ATTORNEY CHARGES
CLASS LEGISLATION
Garage, Parking Lot Owners and
Common Carriers Seen as
Only Benefciaries.

The District Commissioners were
charged with an improper exercise
Of their delegated power by Attorney
T. Edward O'Connell in a motion to
quash an information charging him
with violation of th9 snow-removal
regulation in Police Court today.
After hearing arguments by O'Con-
nell, the case was continued until
Friday in order to give the corpora
ton counsels Office an opportunity
to prepare defense of the regulation.
O'Connell took up the question of
the legality of the snow-removal regu-
lation before Judge Edward M. Cur
ran. He is attempting to have the
entire regulation declared unlawful.
Similar Action Last Year.
His action follows case of a SINH
lar nature which was brought last
year by Attorney Charles E. Ford,
who charged that the regulation was
illegal because it stipulated that an
emergency existed. where there could
be no emergency unless there actually
was snow on the streets.
The regulation promulgated this
year, prohibiting the parking of auto
mobiles between the hours of 2 and
am. on some streets and and $50
am. on some others, did not contain
the word emergency" but still re-
tanned the mention of snow removal
In his argument today, OConnell
declared the regulation was neither
reasonable nor usual. He cited nu-
merous appellate court decisions which
held that any regulations promulgated
by the District Commissioners under
authority given them by Congress
must be reasonable and usual.
Termed Class Legislation
Terming the ordinance class legisla-
ton, O'Connell charged that the only
persons who might benefit are "avari-
cious garage and parking lot owners
and common carriers" He added
that it was burden on the police,
who. he said, should be devoting
their time to the apprehension of GRIM
inals during the early morning hours
rather than picketing cars in antic-
ipation Of snow which Is more likely
not to fall than it is to fall.
Washingtonians were described by
O'Connell as "a citizenry without fran
chise. Those responsible for govern
ing the city are from other juris-
dictions, and it has often been DEM
onstrated that their interests in the
rights of this city are negligible. as
Illustrated by their consistently ignor-
ing demands and suggestions of nu-
merous citizens associations"
Continuing, O'Connell said: "The
attitude of those governing our city
resemble more the attitude of generals
in a conquering army levying taxes
from the hapless residents Of subju-
gated territory"
Eight Charges.
The motion contained eight specific
charges. They were that the regula-
ton was:
Unreasonable, unusual, designed not
for the good of the general public, but
for financial gain of a certain class,
not designed to help the peace, safety
or health of the public in general,
presumes in the governing authorities
to forecast and prognosticate. does
not deal with the present. continuing
or existing condition; the promulga-
ton of the regulation is beyond au-
thority delegated to the Commits
sioners, and is cruel, inhuman. op-
pressive and wholly unnecessary.
Should the motion be granted thou
sands of motorists who have received
tickets, many of whom have posted or
offered collateral, will be affected.
Last year the many motorists who
had received tickets and disobeyed
them were relieved of responsibility.
but those persons who had posted
collateral were unable to get back
their money.