The evening times., 1895-11-07

Chief Justice Bingham to-day granted a
temporary injunction forbidding the Com
missioners to interfere with the use of half
of b street, between Seventh and Ninth,
by the Washington Market Company.
This action was upon motion Of Gen.
VIM. Birney, who, as attorney for the COM
pany, this morning filed suit in equity to
protect its claims upon the strip of land
named. The restraining order is made re-
turnable November l6.
The company further asks that the true
line of the center of b street north, be-
tween Seventh and Ninth Streets behind
Center Market, as it existed when the com-
pany's charter was granted on May 20,
1870, be determined by judicial inquiry;
further, that the relation of this line to the
south wall of the market building be estab-
lished.
II is also desired that the court shall
enjoin the Commissioners from beginning
any proceedings against produce dealers
or others for occupying the space with
wagons or stands under the authority of
the company.
The bill states that the width of b street
is 80 feet, and as the north line Of that
street was the south line of reservation
the middle of the street must be 40 feet
g inches south OF the south line OF the reser-
walton. No valid legislation has changed
the width of B street, and the limits, there
fore. must be the same as when the charter
was granted.
USED SINCE 1902.
A city ordnance of October 6, 1902,
it is stated, established Center Market on
the south side of Pennsylvania avenue, be-
tween Seventh and Ninth. From then to
now the space has been used for market
purposes. The market grounds extended
from the Avenue to the north line OF the
canal while il existed, and this line became
the middle line of b street. Stands and
wagons have always occupied the north
half of the street.
The original survey by Nicholas King,
under order of the Commissioners, made
June 80. 1894. and the approval of Presi
dent Washington on March 2, 1897, are
cited as authority supporting the COM
pany's claims as on the corporation laws
of 1888.
On May 81, 1857. a city ordnance was
passed applying to the spaces where mar
ket houses were standing and applying
also to fifteen feet of the avenues, meas
uring from the curb line of the streets on
which the markets abutted. This ordnance
is still in force, except as affected by
the company's charter.
On May o, 1860. Congress ceded the very
space in dispute to the Corporationn Of
Washington, on condition that a market
No house was erected, but the legislation.
tits claimed. shows the Government policy to
give the spa ce to market uses.
Under the grants to it the company says
it has erected costly buildings, and these
are believed TO be clearly within its rights
as they are wholly north of the middle line
of Il street.
After citing the instructions by the Conn
missioners TO the police on November to
prevent the occupancy of the sidewalk and
roadway on the north side of Is, between
Seventh and Ninth, tn hebiilsaysnosuch order
has been issued against markets under the
control of the District. Wagons and stands
are allowed to occupy the streets about
them.
WHAT IT WOULD MEAN.
There is no ground for the discrimina-
ton made known. To enforce the order
of November will drive away farmers,
gardeners and retail truck dealers, and
compel these and others to transfer their
business to other markets where they will
be permitted to occupy sidewalks and
roadways.
This Will take away the market COM
pany's revenues aud do it irreparable in
Jury. The presence of these dealers is es-
sential to the full volume of business the
company is now doing. They furnish the
stall holders in the market the opportunity
to replenish their stocks.
The company managers are Informed that
the Commissioners intend To arrest every
person who does not quit the use of the
space in question as a wagon stand.
This use OF the space. 1t is stated, has
continued since 1872, and the right has
never been questioned by the local gov
ernment till now. As there is NO official
survey OF the ground and no notice has been
given to the company, the proposed ar
rests will be contrary to law.
The effect, however, upon the Conpanys
business would still be disastrous. The
survey which the Commissioners had made,
showing the south wall OF the company's
building to be on the center line of B
street north. it Is asserted, was without
notice. except an oral statement, and is not
valid.