The morning times. [volume] (Washington, D.C.) 1895-1897, 1895-09-25
WILL VACATE En- MASSE
Portner Flats Tenants to Move
if WheIan Gets License.
INTERESTING EXCISE CASE
Great Falls Electric Railway May
Operate Its Trolley Line Within the
City-Att orney Thomas Opinion.
Commissioners Approve With One
Dissenting Vote.

The Portner Flats case, in which Will
lam 7. Whelan appears as the applicant
for barroom license and is opposed by
sundry citizens, including the Portner
tenants, will soon be brought before the
excise board upon its merits, and its de-
cision is awaited with much interest.
since several important points are involved.
Attorney Donaldson will probably make
a motion in the case this morning. He
viii insist that the papers shall be at all
times left accessible to the counsel and
others interested.
Meanwhile, it having been decided by
the law, an "established'' hotel, Mr..
Whelan is arranging to remove this OBJ
lection. He is notifying the tenants that
he mas leased the building for "hotel
purposes" and the agents for the property,
Messrs. j. Harrison johnson * Son, are
sending notices to the same effect.
To this, it is alleged, the tenants have
replied that should Mr. Whelan obtain a
license. they viii leave the building in
a body.
ANTI SALOON LEAGUES POSITION.
The Anti Saloon League has strengthened
its position by adding to the literature of
the case an opinion OF each OF two promi-
nent attorneys, who say that, even II
classed as a hotel, the house is within 400
feet of private school, and ii is. there
fore, not proper 10 grant the license. In
this they take issue with Attorney Thomas.
who says that tie prohibitory clause in the
law does not apply to hotels.
The attorney for the District, in an opinion
filed with the Commissioners, has decided
that the Great Falls Electric Railway has
the right TO operate its road by overhead
trolley, and that such right was not affected
by the act of Congress abolishing George
town. He also decides that the failure
10 run cars regularly for the accommodation
of the public, if there was such failure,
does not operate to forfeit the company's
charter, unless the United States, by appro
pirate proceedings, chooses to take ad
vantage of such failure.
This opinion was drawn outby a reference
to Mr.. Thomas of the application of the
company for permission to maintain the
trolley system within the city limits for the
spdce of about one and one-half squares
for the propulsion of its cars to and from
the union passenger station.
MAJOR POwELL'Sv VIEWS.
The company's right to do this was
questioned by Commissioner Powell, for the
reason that the charter gives no positive
right to the overhead trolley, and conse
quently the general W, which furthermore
is the latest in date, prohibiting any ad-
ditional wires in former G georgetown,
seems fully applicable to the case.
A a1ority OF the commissioners yesterday
Indoors ed the view taken by Attorney
Thomas, Major Powell alone dissenting.
A case OF more than usual interest isbefore
the Commissioners, involving the right OF a
citizen to construct high wall upon his
own premises for otherpurpose than that of
building. Mr.. ]. A. Wynkoop built q wall
sixteen feet in height to prevent his neigh
bors from viewing his grounds Upon
complaint being made the building inspector
directed that the height of the wall be
reduced to seven feet, and from this Mr..
Wynkoop appealed.
A hearing was given yesterday, Attorney
c. A. Brandenburg representing Mr.. wyn-
koop. The Commissioners have referred the
matter to Attorney Thomas.
The president of the Washington and
Georgetown Railroad Company has been
furnished with a report of the superintend-
ent of the water department, in which at
tention is called to tue anticipated danger
to water main from the effects of cleo
tricity. The main referred TO extends from
Fort Reno reservoir eastward. passing
few feet beneath the tracks of the Rock
Creek Railway, on Connecticut avenue ex-
tended. 1t is believed the current is caused
by the overhead trolley.
ASSESSMENTS AND SIDEWALK.
Orders issued yesterday: That water
main assessment against part of lot front
ing nincty-seven feet on Seventh street,
between Grant and Whitney avenues, By
Cancelled on account of the decision in the
Burgdorf case.
That a cement sidewalk be laid in front
of No. 606 Eleventh street northwest; in
front of lot 10, square 24S; in front of
No. S15 II street northeast, and in front
of lots 16, II and Is, square PAS, all
under the provisions of the permit system.
The commission of John Bailey as an
additional private on the police force was
revoked yesterday and George Z. Crane
was appointed in his stead for service with
the Hygienic Ice Company
julius Stein was also appointed an addi-
tional member of the force for service
at the Palais Royal.
The Commissioners will give audience
on the 26th instant to the.Mount Pleasant
Citizens Association, the Northeast Citi-
Zens' Association and other associations
and individuals mentioned in their communi-
cations who may want to be heard in be-
half of their favorite candidates for school
trustee
MINOR NOTES.
The District Commissions rs Will to-
morrow give hearing to Southeast W ashing-
ton residents who want to be heard in op-
position to the removal of the center parking
from Pennsylvania avenue southeast.
Louis A. Weaver, who had served salts
factory probationary term, was yesterday
appointed assistant foreman in the fire
Must Work without Money.
Secretary Smith has directed that the
mineral land commissioners in Montana and