Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-07
THE MARKET SITE
A Suit Begun to Determine Rights
of Dealers.
THE SPACE ON B STREET IN QUESTION
Farmers Hold Conference Today
With the Commissioners.
COMPANY'S COMPLAINT

l.
The Washington Market Company, through
its attorney, William Birney, today filed
bill in equity against the District Of Colum-
bia, asking that the true line of the center
of B street north between 7th and 9th streets
west, as the line existed May 90 1870, the
date of the company's charter, be ascertain
ed by the taking of testimony, and that the
court establish the line in it's relation to the
south wall of the Center Market building
Also that the Commissioners be restrained
from taking any steps to prevent the oc-
cupancy by market wagons or stands of
produce dealers of any portion of the side
walk or roadway on the north side of B
street between 7th and 9th streets and also
from beginning any proceedings at law be-
cause OF the occupancy mentioned, against
the produce dealers or the Washington
Market Company. The matter was brought
to the attention of Chief Justice Bingham
and he ordered that temporary restraining
order against the Commissioners issue re-
turnable November IS.
In its bill the Market Company sets forth
that June 30 1874, the Commissioners for
Washington city directed their surveyor
Mr.. Nicholas King, Ito lay out the market
squares, and that March 2, 1891, Presi-
dent washington appropriated reservation
the north side of Canal street and the east
side of 9th street. On the original plan of
the city, approved by Presidents Washing
ton and Adams. the bill continues, Canal
street Is marked as lying between the
canal. then projected, and what is now the
Smithsonian Grounds, and "B" street is
marked as lying north of the canal. The
corporation law Of 1893 gives the width of
Canal street as thirty feet, and that of
street as 80. AS the north line of street
was the south line of reservation T. it is
stated, the middle line Of street was
forty-niEe feet and six inches south of
reservation Z. 1t Is rot believed so the
Market Company says, that any legisla-
tlon or valid action of competent authorities
has changed the width of b street between
Ith and 9th streets.
The Disputed Line.
1t is further stated that October &. 1902,
a city ordinance established the Center
market on the south side Of Pennsylvania
avenue between 9TH and 9th streets. From
that date to the present time the place has
been used for the purposes of a public
market extending from the avenue on the
north 10 the canal, during its existence, or
to the middle line of street, and wagons
and produce stands have occupied what is
now the roadway of b street and the
sidewalk along the market.
May 81. 1857, it is recited, city ordi-
nance enacted that the corporation laws
in regard to markets extend and apply to
the whole of the squares on which the
market houses We're situated, and to fifteen
feet of the avenues and streets, measuring
from the curb line. on which the squares
fronted. This ordinance. it is submitted is
still i'll force, except where limited by the
plaintiffs charter
The company next goes in to say that
May 0, 1850, Congress enacted that the
ground in question be ceded to the corpora
ton of Washington on condition that with
in two years after a market house be
erected thereon Although the corporation
did not fulfill the condition, it is claimtd
that the statute shows that the policy Of
Congress contemplated the accommodation
of market wagons on the south side of the
market
After citing an ordinance extending the
market into the neighboring streets, the
company states that it has erected large
and costly buildings, and believes its south
front to be many feet north of the center
line of b street.
After giving a number of suppositions re-
garding the present width of the street, the
company says that November . 1898, the
Commissioners issued instructions to the
superintendent of police to prevent the oc-
cupancy by market wagons or stands of
produce dealers of any portion of the side
walk or roadway on the north side CT B
street between 7th and 9th streets except
essary for ordinary use. The plaintiff de-
clares that no such order has been issued
against any Of the public markets which
are under the management and control of
nlitted to occupy adjacent roadways, and
dealers in produce occupy with their stands
the space adjoining the markets The COM
plant adds that no sufficient cause is
known for this discrimination.
Dealers to BE Prosecuted
The market company is informed that the
Commissioners threaten to cause the arrest
of every person who shall not promptly va
cate the roadway and sidewalk in question,
will be put into execution.
The company, continuing it's bill of COM
plant, goes on to say that the right of the
dealers to occupy the roadway in ques lion
has never been questioned since 1872 by the
local government of the District. But sin .e
the I'd of the current month the District
Commissioners. they say, pretend that the
farmers have no such right, and that the
plaintiff has no rights south of its south
wall. 1t is also said that a survey has been
made which shows the south wall to be on
the center line of B street north. The plain
tiff AYERS that no official survey of said
street is on record or any other survey show
ing that fact
Visit the Commissioners.
The Commissioners gave a hearing to a
delegation OF the farmers which called
this morning for the purpose of get
ting some idea of where they stand in the
matter. Messrs. Horace Crozier, ]. C.
Reeves, George C. Curtiss and Colonel
Wright Reeves We're present on behalf of
the market dealers. Mr.. Curtiss explained
the object of the conference, which was
primarily to find out what arrangement the
Commissioners had made regarding the
wholesale market square, which had been
recently set aside for the wholesale farm
ers. Commissioner Truesdell explained
that the Commissioners had advertised the
stalls for tent, and specification governing
the same could be obtained from the sec
retary. The idea was to first rent the
stands for the remainder of the yeas and
afterward to rent them quarterly, the rent
to be paid in advance.
Inadequate Space.
Mr.. Curtiss maintained that the provision
made by the authorities for the fa,Ins:s in
the wholesale square was totally made
quate. The farmers require >>ot less than
SIX feet to display their goods. The mar.
row footway between the stands as built
by the authorities made it Impossible for
the farmers to deliver Their goods Wheel
barrows were used for this work, and when
the footway is crowded a whe e.barrow can
not get through. He thought at least
OIL faa ba da5