Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-29
To the Public.
THE WASHINGTON MARKET COMPANY vs. THE PEo-

market over the heads OF their reSDectfve occ,l.
IhaI enllghtened public opinion may determine the
issue between the company and the Stockholders,
anu decde which Is in the right. This is rem
deIed EOt only desirable, but necessary, by reason
OF The published statements Of certain officers OF
Jne company, wherein ''no pains or expense" are
spared TO present their views, without reference to
the lncontroyertible and impregnable truths upon
which the Stockholders uniformly relied to sustain
them In resisting the unlawful and unreasonable
eXacttoHS OF this corporation. Let 1t be known
and Understood at the outset that the Stockholders
In this market, in all other public markets, must
regulate the prices of the articles they sell in exact
proportion To the burdens imposed upon them and
right here Is thepoint where the people directly
concerned.
Prior to 1870 the old centre market, which occu-
pied the site of the present Washington market,
was public market under the control OF the city,
and the rents of stalls therein reasonable and
proper. There was no contest between the STALL
holders and the city government The one paid
that which was fair and equitable and the other
received IL in full satisfaction The stockholders
fitted by the arrangement, and no complaint was
uttered by any one.
Very many of the present occupants OF stalls in
the Washington market had established their
business In the Old market ana acquired the good
VIII thereof, which was infinitely OF more value
than the mere stall at which they Severally stood.
Inc business thus established, ia many in
stances running through series OF years, was, by
the act OF Congress incorporating the Washington
Market Company, (May 20, 1907 Subordinated to
the power and authority conferred upon that COM
pany under the limitations OF the act referred TO-
ana III is because OF the disregard OF those linit
tons OF law that the Stockholders oppose the
right OF the company to do what it proposes to
do and to subject them and their patrons to the
arbitrary rapacity OF an unlicensed and unbridled
corporation.
The points are these:
First-The market company, by its charter, Is
limited to sale OF the right To occupy the several
stalls for one or more years, subject to the pay
ment or an annual rent, the amount of which to be
nXed Dy the mayor and common council OF the
city OF Washington and the directors Of said COM
pany.
This never has been complied with by the COM
pany. The rents were fixed in 1872 by the company
alone, and marked approved by H. ID. Cooke, then
governor OF the District and one of the original
1ncorpOratOrS OF the company This was in plain
aiUiaIlon Oh the law, ana, notwithstanding the
published statements OF officers and directors OF
the company, has never been sustained by the
courts, the extent OF the decision being that the
Stockholders were bound to pay the rate OF rent
they agreed with the company to pay. The rate
thus unlaWfully prescribed by the company ranges
from 81 per square foot OF stall room to s. 80 per
square loot per annum, nearly the tull value OF
the land each year in rent alone.
The land granted to the company by Congress
and s5OO,OcO. The charter required the company
TO pay into the District treasury $ 600 per annum
lor the privilege conferred upon it, which sum
was devoted to the support of the poor of the
District, and besides this the property OF the
company must be taxed like all other private
reference 10 these burdens, but for the past eight
= ears the company has paid TO the District only
$4,000 per annum for both franchise, rental and
taxes, a clear saving of over $4,000 per annum,
:" men tney have collected from the Stockholders
any, ana hWishh9id, notwithstanding the law under
rental.
second-The charter requires that the minimum
rate OF Dds for the several stalls shall be approved
by the mayor and aldermen of the city, This, OF
course, cannot be literally complied with any more
mon council, Since all those offices have been abol-
lShed, but the manifest design OF the lawmakers
was that the public, through its representatives,
Should participate in eSta bshing tile rate OF stall
rental and the minimum rate OF bids for the right
TO occupy the stalls, and until further legislation
Vestlns IN the company alone the right to regulate
tnese matters they cannot lawfully assume to tax
tne pubic through the Stockholders at their own
will and pleasure.
Third-The company has advertised to sell the
stalis at minimum rateof bids. and subject to a
rental established by themselves. in utter dis
regard OF the limitations OF the law of their cor
porate existence. To this the Stockholders object
Fourth-The company proposes to sell the stalls
IN classes, giving to the highest bidder the first
choIte, and so on. This Will practically prevent
the Stakeholder from repurchaSing their stalls,
because IL Will be impossible for any one to know
which stall the highest bidder will choose. This
Tor sale OF the STALLS and not the choice of stalls
In certain classes: hence the Stockholders object
y @ - n caPtal stock OF the company is fixed
mas been paid in The building did not cost over
$4,000. The sale in 1872 OF the right to occupy
sne stalls realized 100000 at least. The annual
mum, or total OF 100000 in gross on an invest
ment OF $lOOOOO in nine years. Assuming that only
One-lan OF the revenues OF the company were
proft, it has realized over 30 per cent per annum
within the time referred to. And all this out OF
the public without attempting to render the re-
turn required by the act OF Incorporation.
Inc company s officers advertise and otherwise
publish the erroneous statement that all the points
d objection Justly raised by the Stockholders
against the present proceeding have been settled
" the courts in favor OF the company. II this be
rue, tne Stockholders are pOWereSS in the prem
seS; but Is not true, and can only be claimed by
,0nd the only point which in terms 1T decided VIZ
nat the purchase OF the right to occupy the stalls
IL the sale In 1872 was limited by the terms of said
ale 10 two years, from the rstday OF July of that
ear The Stockholders are confident of the recti-
ude OF their poSitOn and of their ability to obtain
ustice at the bar OF public opinion we'll as in
ne courts; and they propose to fight it out on the
llne OF the law and the right and equity Of their
case, abide the ultimate judgment that may be
rendered after full and Impartial hearing and con-
or the law and the fact
GEORGE NJ. OYSTER,
WV. II. HOOVER,
q. d. DAILY,
THEO BARNS,
LEWIS kENGLA,
HENRY MILLER
certificate of Incorporation to-day. The capital
s fixed at $4,000 in Shares of So each The objects
u the enterprise are set forth to. be to engage in
industrial pursuits in the District s. C. Mills, G..
X. Herr1ck and u. +. Kirk are named as cOrpO-
-atorS
VALUABLE REAL ESTATE AT AUcTIoN.-Attention
s called 10 the chancery sale to be made On Mon
lay afternoon, October 31st, by ThOs. j. Fisher &
20, auctioneers, OF that valuable property, No.
oo pennsylvania avenue northwest, occupied by
ne Ph0to-LlthOgraphic Establishment OF Norris
Peters, Esq Also OF three three-StOry brick resi-
fences. facing Judiciary Snuara and known oc