Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-10
THE WHOLESALE Market.
Quite an Animated Conference ss the Dis.
trfct once This Afternoon.

1 HAS THE WASHINGTON MARKET COMPANY on TN
DISTRICT COMMISSIONERS THE CONTROL ovrs
r-rHF MATTER TO BIZ SETTLED yuDIoIAIL,
IN THE COURTS.
Has the District authorities right to occupy
the wholesale market at the intersection Of
10th street, Ohio and Louisiana avenues or has
the Washington market a right 10 the occu.
pancy of that space is the question that was
| wrestled with by the Commissioners. several
prominent citizens and an array Of legal talent
in the board room at the District building this
| afternoon.
Gen. A. A. Birney read the notice Of the CON-
| missioners TO the market company 20 quit the
| space in question. He said he was OF the i'm
preston that the Commissioners based their
| action upon the advice of the attorney for the
| District, and counsel for the market cosnpany
wouldi Ike TO read the opinion furnished
The opinions OF ex-Attorney for the District
| A. Il. Riddle and the present Assistant Attor-
ney s. l. Thomas on this question were sent
While the messenger was gone a general dis
| cussion ensued upon the case
Gen. Birney thought the Commissioners
| should give reasons for their action.
THE Courts SHOULD DECIDE.
Commissioner Douglass, however. thought for
himself that the matter was one for the courts
to decide. The questions involved were en-.
inently legal ones
Judge Jere Wilson Of counsel for the marle,
company agreed with Mr.. Douglass. but said
the question was which party was to take the
| Initiative The market company was acting
upon contract made in 1871.
Gen. Blrney said that it has been the tradi-
tionai policy OF the municipal authorities that
the wholesale market space should be under
the control OF the Center market The six
tCCnth ff So AZ
company was in line with this. and was In effect
tnat the clerk OF the Center market was 10 have
control of the wholesale square. This was
manifestly fair and just, for If the retail mar
ket company was under the control of one cor
porauon and the wholesale market adjoining
under the direction OF another company the
Former would be placed at a disadvantage. for
the latter could run them out of business by
transforming the Wholesale market into a retail
market.
Mr.. John A. Baker. on the part of the citizens
who objected to the use OF the space by the
market company desired that the contract be
read.
Commissioner Douglass then read the opinion
OF the assistant attorney for the District MIR.
S. T. Thomas upon which he said the Com
missioners acted.
Gen Birney said he thought the whole opin-
ion was one for judicial action. The market
company had acted honestly IN the matter 1t
had lived up to the agreements in every respect.
WHAT DIR. ROSS DIDN'T UNDERSTAND.
Commissioner Ross said there was one thing
he could nc understand. If the sixteenth section
OF the charter gave the market company con-
troll of the square what was the necessity of
contract?
Gen. Birney maintained further that there
was room for discussion in every phase Of the
case and it should either be settled in the
courts or the Commissioners should go to Con-
gress and get the company dlspossessed and
pay them for buildings. de-, as provided in the
contract.
Commissioner Douglass desired the contract
read
Gen. Birney read the report of Senator Nor
rllI ON the question whether the Washington
Market Company had complied with the terms
OF its charter. All Of this he considered in the
light OF 4 contract
Judge Wilson said that there we're several
ways TO settle the matter. The Commissioners
can so IN with the police force and put the
market company out. Another way would be
by The Commissioners fling some bill TO termi-
nae the contest: and another way is to go into
court and file a bill 20 put the market COM
pany cut.
Commissioner Douglass thought that the
matter should be settled at once in the courts
tie was always IN favor of that method of the
settlement of legal questions
Gen Blrney said that unless the Commission
ers threatened 20 turn the market compapy ont
the courts might say that they had no standing
there Tor an injunction. Assistant Attornes
thomas thought that the notice sent 10 the
market company contained a sufficient threat
Commissioner Douglass said in conclusion
that he would like to have the matter finally
settled by the courts because he was an execu-
tive officer and could not settle the question
himself.
Gen. Birney said that the suggestion of Mr..
douglass met his views and the company had
no objection and would raise no object to a
lal sassl Al
company asked in the matter was to have its
rights determined speedily and judicially.
He said further that the proper thing 10 do
In his opinion, was to file a bill to rescind the
contract, and then the company could come in
and answer it.
In conclusion counsel stated that they would
confer with each other. and consult Mr.,
Thomas as to the best way to settle the diff
Guilty and would advise the Commissioners of
the result.
Il understand" said Gen Birney. .'that Mr..
Hazelton, tine attorney for the District, is alb
sent. and suppose you will wait until his re-
turn"
DON'T WANT TO WAIT.
Mr.. Baker protested against this saving that
Mr. Thomas was named specifically as the at
torney with whom the counsel should confer. |
and he thought he was more conyersant with
the facts than Mr.. Hazelton. And" said he
II do not propose to have Mr. Hazelton settle
this matter. especially as L know his views 1 |
know Mr.. Thomas and have perfect confidence |
in him and his ability
Mr.. Douglass said that Mr.. Hazelton was the |
attorney for the District and necessarily the |
matter would have to be referred TO him |
ofhclally; that he had perfect confidence in Mr. |
ability and integrity, and he did not /
propose to slight the head of the Office of the |
attorney for the District
Ii he had a lack of confidence in Mr.. Hazelton |
ne would not hesitate a moment to remove |
aim.
Mr.. Baker said that too much care could not |
De exercised Times were when the attorney
or the District was also the pad attorney for
ne market company, and they did not want
hat thing repeated
THE BERING SEA CASE.