Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-28
VIEWS THAT CLASH.
Conflicting Arguments on the Pro-
posed New H Street Theater.
OPPONENTS OUT In FORCE.
Mr.. AIbaugh to File a Brief on Next
Saturday,
THOSE RESENT TO-DAY.


The friends and foes of the new Albaugh
Opera House both had talks with the Com
missiopers at the District building this
morning. Those opposed to the theater's
erection came first at about 10 o'clock. and
were shown into the board room, where
Commissioners Ross and Powell heard
them. DR.. yelling. the president of the
Columbian University. and Mr.. Gardiner
Hubbard began the presentation Of the case
alone. but gradually the board room began
to fill up. until a round dozen or more Of
prominent men representing Columbian
University and the New York Avenue
Presbyterian Church, all opposed to the
theater, were present.
Mr. Hubbard, the chairman of the COM
mittee of five in the interest of Columbian
University. began the argument. He said
that although man was supposed to be
able to do what he pleased with his prop
erty when he came into city like WASH
ington, his rights were Immediately re-
stricted by regulations for the public good
He must not injure others Il am not here
70 say one word against theater," said
Mr Hubbard. Il am in favor Of good
theater, but others have some rights. Is
this good place for a theater, where it
will injure If not destroy an educational
institution. by the noise and music and dis
traction? / hold that the Commissioners
have right to modify the rules for the
public good and hold that the erection of a
theater here Is not for the public interest" /"
President yelling then said that in sum-
mer the theater would absolutely prevent
disturbance. and that 1t was the unani-
nous opinion Of all the professors that
the theater would destroy the school
Recreation VS.. Education.
BY this time Mr.. Needham had entered,
| and rising, made a pointed speech before
the Commissioners.
The two cannot sta.ld together" he
said. "One must. 90 down. The schools
are already established there and doing
their work. 1t is not just that established
institutions should be compelled to move.
The purposes of the theater and the schools
are exactly opposed-the theater is to re-
create and rest the mind while the schools
are made to train and educate it. The
very purpose of the theaterSis to take one s
mind from his work. If the theater comes
the schools must go elsewhere
The Legal Side.
Mr.. Garnett then addressed the COM
missioners. He began by saying that he
would like the firai hearing postponed until
next Tuseday. This Commissioner Ross
conditionally agreed to. Mr. Garnett touch
ed more on the legal and technical points
and less on the sentimental side than those
| before him. His first point was that the
minute the permit was issued the schools
would be injured: and he spoke for the
New York Avenue Church and for him.
self. he said that the amount Of property
held by those affected should be considered.
and not merely the number of property
holders. nor the frontage they owned. Mr.
Garnett showed that so far as the area of
1 a q tod
as much was owned by those opposed as
by those In favor of the new theater
Furthermore, Mr. Garnett dwelt strongly
| on the rights of the church and schools
there as established Institutions, and his
last point was that the residents as well
as the property owners should be consid-
cred, and that persons who had perma-
nent quarters at the Fredonia should be
given the right OF a say in the matter.
DR.. Z. A. Stakely, pastor of the First
Baptist Church. next presented his objec-
tions. He said he did not think that the
list handed the assessor by Mr.. Albaugh
was complete. and moreover that many
had signed 1t at the moment who were
now anxious to withdraw their names, and
he presented letters from two such persons
Would you, the Commissioners" said he.
| grant permit for the erection of a thea
| ter opposite the Franklin school, of which
| you. as District officers, are the custo-
dians"' DIR. Stakely said that IL time were
given them they could break up Mr.. Al
baugh's list.
The Opponents.
Here the hearing ended for the opposers
of the opera house. but as Mr.. Larner, rep
| resenting Mr.. Albaugh, had promised to be
present some time in the forenoon those
| interested remained in Commissioner Ross
| room awaiting his arrival Those at the
| hearing. all opposed to the theater, were
DR.. yelling, Mr.. Gardiner Hubbard, Mr..
Garnett, Rev. DIR. c. A. Stakely, Mr.. J. L.
Wilson. Mr.. Needham. Mr.. S. w. Wood
| ward and DIR. s. S. Domer, pastor Of st.
Paufs Lutheran Church.
The Theater Representatives.
Mr.. Larner, however. did not ARRIVE, but
| about l o'clock Mr.. Hines, representing Mr..
Albaugh, and Mr.. Widdicombe, the original
| owner Of the property, had an informal
talk with Commissioner Ross, who asked
them to prepare a brief, bearing on the
| right Of the Commissioners to revoke a
permit, after the majority of the signers
had been secured. This will be prepared
and presented to the Commissioners at
O'Clock Saturday afternoon, at which time
| another and final hearing will be given to
all parties concerned.
He May withdraw.
An opinion was received from Distrlc,
Attorney Thomas today bearing on the AL
baugh Opera House matter. and made al
the request of representatives Of the Co.
lumbar University. The question SUBJ
mtted was whether once having signed his
name to the permit for a theater one could
revoke such a signature before the permi,
was issued.
The attorney after citing many cases and
comparing the question with that of OBJ
| tanning saloon license decides that a
name may be withdrawn. He concludes In
| the following language:
There being nothing in the building
| regulations to the contrary. I am of the
opinion that a resident or property owner
whose consent is required to accompany an
application for a permit to locate and con-
struct theater may revoke that consent
at any time before the inspector of build
ings has issued the permit, and SO ad.
wise you"
THE BURNED LIGHT HOUSE.