Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-04-29

FAcTs-THB NETZERoTT LICENSE IN ACCORD
AScR WITH THE BOSTON REGULATIONS AGREED
UPON.
In reply to an interrogatory concerning the
statements made by Senator Mcmillan about
the Mctzerott Music Hall Commissioners Doug
lass said to STAR reporter today:
"Yes, 1 read Senator MeMillan's interview
in last evenings STAR. Had the Senator known
all the facts he would have been less indignant
He says tina: theCommissioners have been guilty
Of breach Of agreement in not adopting
building regulations like those in Boston in re-
lation to theaters and places of public amuse-
OF March We called up the matter in bo>-d
meeting and agreed upon the Boston reguis-
tions, beginning with section Ill. on page a, of
the publications of that city. The pencil
mark then made at section Ill shows the para
to commence. Before signing than we in
structed Mr.. Entwisle to go carefully over the
Boston copy with one Of his assist
ants to SIZE il any of the provis-
ions were already in our regulations This
he had to do after business hours, when and
where he and his assistant could be alone. On
the 2sth day Of March lac reported the, N TO the
Commissioners. We read them over and they
seemed to be all right, as remembered the
Boston original. To be sure. however,
took them to 60 over line by line
with one of his assistants which he has been
doing as he could find time from carrent en-
gagements. and informed the board yesterday
be ready to report. As these regulations
have to be printed in a permanent
form they should be as perfect as
we can make them before printing. In the
meantime no damage or danger Of damage has
occurred. for there has not been permit asked
for to erect building of the kind in the Dis
trict. And We agreed at the first that if permit
was asked for it should be delayed until the
amended regulations were regularly adopted
by the board. The adoption OF regulations by
the board is in effect legislation, and the Sena-
tor knows well the delays that occur even in a
body 30 independent as Congress. while occa-
| sional yetoes by the President point the danger
of hasty legislation.
TEE TELEPHoSISa.
'Now, word as to the telephoning yester-
day between the Senator and myself. under
stood him to say that he thought we ought to
recall tho Metzerott permit at once. 1 told
him that did not know that we could. My
reason for the answer was this. After
the permit is issued the citizen makes
his contract and is bound to the contractor
II ne falls to go on with the work the contrac-
tor usually has case for damages against
him. and when this condition obtains we think
1t right to hear the citizen before crushing
him. That's one thing that the people hold
dear-the right to be heard-what
the books call "A day in court As there was
no possible danger to the public in the mean
time Qor in amy event it will be months before
the building can be finished and occupiedD l
saw on moments reflection that
the citizen ought to be and could with
safety to the public be heard. This was
about ii 80. and at II We met when 1 pre-
sens"d the Senator's message. l understood
the message to mean that if the permit was not
Recalled at once the resolution would be las il
was) introduced.
WHAT THE REGULATIONS SAT-.
III the Senator will examine section 126 Of
the Boston regulations, which is the only sec
ton regulating the height from the pavement
he will see that only such places as
are to have fixed stage, with NOV
able or shifting scenery. curtains or
more than seven feet above the sidewalk We
have made the rule -four feet instead o.
seven. Now, Metzerott Hall is not to have
moving or shifting scenery. curtains and ma
chinery. and is only thirteen feet above the
pavement at the entrance. II he will turn to
section Is Of the Senate bill he intro
duced he will find exactly the same dis
tinction. So that il the Boston regulations had
been enacted by Congress the Commissioners
would still have had the right, if they though.
the building otherwise safe. to Issue a permit:
allowing the auditorium on the second floor.
During ali the discussion we must remember
that the Metzerotts have some possible rights
that even if We did not respect the courts
might.
Senators and members of the House are
protected by the Constitution from all per-
sonal liability on account OF their official
action. The exemption extends to their words
spoken in debate. Not SO with executive Of
ficers. We may be made to answer in
damages FOR unwarranted actions as
municipal officers. While Congress is liable
to public opinion, the Commissioners are
liable to that. too, and the law besides. II
Congress is prudently slow at times, why
shouldn't we be also slow at times? No three
men in the Senate or elsewhere have a greater
desire to faithfully serve and preserve from
harm. in their persons or property, the people
Of this District than the present board Of Com
missioners"