United States ex rel. Columbia Heights Realty Co. v. Macfarland
United States ex rel. Columbia Heights Realty Co. v. Macfarland
Opinion of the Court
delivered the opinion of the Court:
The main question for determination is whether the commissioners were invested by Congress with the power to make any such regulation.
Secs. 1 and 2 of the act of August 27, 1888, under which said regulation, among others, was promulgated, read as follows :
“Sec. 1. That the commissioners of the District of Columbia be, and they are hereby, authorized and directed to make and publish such general orders as may be necessary to regulate the platting and subdividing of all lands and grounds in the District of Columbia; and no such .plat of subdivision made in pursuance of such orders shall be admitted to record in the office of the surveyor of said District without an order to that effect indorsed thereon by the commissioners of said District.
“Sec. 2. That all spaces on any duly recorded plat of land thereon designated as streets, avenues, or alleys shall thereupon become public ways, provided they are made in conformity with the provisions of sec. 1 of this act, and as such be under the protection of the laws and ordinances in force applicable to public roads out of said city.” [25 Stat. at L. 451, chap. 916.]
Sec. 4 provides that the orders of the Commissioners made pursuant to this act shall have the force and effect of law thirty days subsequent to the day of publication.
Sec. 5 further provides that no subdivision shall be recorded unless made in conformity with the general plan of the city of Washington. Secs. 1, 2, and 5 of the act aforesaid were substantially re-enacted in the Code which went into effect January 1, 1902 (see sec. 1601-1603 [31 Stat. at L. 1427, 1428, chap. 854]), nearly three years after the promulgation of the regulations.
Tested by this rule, we are of opinion that the regulation was within the power of the commissioners. The acts of Congress conferring the power in the cases above cited were very different in their tenor and purpose from that relied on in this case. In the Walter Case, the commissioners, under the power to control and repair streets, undertook to narrow one of the original streets of the city. As was said, if this power be implied, then it may be exercised in all of the streets and avenues, to any extent short of closing one of them completely; and it is so great and far-reaching in its consequences, not only to the abutting lotowners, but to the general public also, that it could not reasonably be inferred that Congress had contemplated its extension through the general power to control and repair. In United States ex rel. Daly v. Macfarland the several acts relating to the subject-matter were comprehensive in their details, and cover, as the court said, “not only the licensing of plumbers, and the practice of plumbing, but also specify the authority of the commissioners in respect thereto.”
Sec. 1 of the act under consideration contains a broad grant of power to the commissioners to make all general orders necessary to regulate the platting and subdividing of all private property, subject to the one limitation of sec. 5, that all subdivisions shall be in conformity with the general plan of the city of Washington. It is evident that Congress deemed it expedient to leave all other details in respect of the subject-matter to the discretion
“We have seen that an act of Congress governs the creation of public ways in the District of Columbia; that the commissioners of the District are vested by said act with the power to regulate the platting and subdivision of lands in the District, and to that end may make general orders; and that the provisions of said act must be complied with in order that the streets, avenues, or alleys designated on recorded plats of lands become public ways. It further appears that in conformity with the said act the commissioners of the District, on May 20, 1895, had adopted an order requiring public alleys to be not less than 10 feet in width. Such order was in force when Caldwell recorded his subdivision of lot 14 and no modification of or special exception to the order is shown to have been made which would authorize the acceptance of the proposed alley, which concededly was only 5 feet in width. We are of the opin*60 le® that in the absence thereof the proposed alley did not become a public way, that the public acquired no right of way-over it, and that no title vested in the United States.”
In view of the conclusion reached on this point, it is unnecessary to consider the interesting question raised by the commissioners as to the right of the relator to claim recognition in the District of Columbia, in the enforcement of rights assertecL under public authority.
We are of the opinion that the regulation was within the-power extended to the commissioners, and consequently that the court was right in ordering that the rule be discharged and the-petition dismissed. The judgment must therefore be affirmed,,, with costs; and it is so ordered.
Affirmed.
Reference
- Full Case Name
- UNITED STATES OF AMERICA EX REL. COLUMBIA HEIGHTS REALTY CO. v. MACFARLAND
- Status
- Published
- Syllabus
- Municipal Corporations; Taxes; Plats of Subdivisions; Corporations. 1. Under sees. 1 and 2 of the act of Congress of August 27, 1888 (25 Stat. at L. 451, chap. 916), granting to the commissioners of the District of Columbia the power to make general orders necessary to regulate the platting and subdividing of land in the District, the commissioners have power to make regulations providing that no plat of a subdivision will be approved for record until all taxes, special assessments, and other charges upon the property are paid. (Distinguishing Walter v. Macfarland, 27 App. D. C. 182, and citing Watson v. Carver, 27 App. D. C. 555, and United States ex rel. Daly v. Macfarland, 28 App. D. C. 552.) 2. Queer e, whether a foreign corporation organized for the purpose of buying, selling, and dealing in real estate may claim recognition in the District of Columbia, in the enforcement of rights asserted under public authority, in view of the statute in force here, prohibiting the organization of corporations for the purpose of buying, selling, and dealing in real estate.