Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-08
THE MARKET SITE
A Suit Begun to Determine Rights
of Dealers.
THE SPACE ON B STREET IN QUESTION
Farmers Hold a Conference Today
With the Commissioners.
CoMPANY's COMPLAINT

bill in equity against the District of Column
bia, asking that the true line of the center
of b street north between 7th and 9th streets
west. as the line existed May 20, 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 1th 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 16.
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. 1897, Presi-
dent Washington appropriated reservation
NO. to the Center Market" beginning at
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 1888 gives the width of
Canal street as thirty feet, and that of
street as 30. AS the north line of b street
was the south line of reservation T. it is
stated, the middle lire OF street was
forty-nine feet and six inches south of
reservation l. 1t is rot believed, so the
Market Company says. that any legisla-
tion or valid action of competent authorities
changed hat
Ith and 9th streets.
The Dispated Line.
1t is further stated that October g. 1902,
a city ordinance established the Center
market on the south side of Pennsylvania
avenue between Tth and 9th streets. From
that date to the present time the place has
been used for the purposes of public
market extending from the avenue on the
north TO the canal, during it's 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 21, 1857. it is rected, city ordi-
nance enacted that the corporation laws
in regard to markets extend and apply to
the whole of the squares which the
market houses were 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 8, 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 accommodate ton
of market wagons on the south side Of the
market
After citing 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 number of suppositions re-
garding the present width Of the street, the
company says that November ., 1885, 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 Tth and 9th streets, except
for SO long as such occupancy may be nee
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
the District, but market wagons are per-
nltted to occupy adjacent roadways, and
dealers in produce occupy with their stands
the space adjoining the markets. The COM
plant adds that 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,
and the company believes that these threats
will be put into execution.
The company, continuing its 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 ce
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
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 j. c.
Reeves, George C. Curtss 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 specifications 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,Ine.s in
the wholesale square was totally made
quate. The farmers require sot less than
sin 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 whe ebarrow can
not get through. He thought at least
twelve feet should be provided for a walk
and eA:ht feet allowed the farmers to dis
play their goods They haG been notified
by the police that all those ,rho stand un-
der the market shed on straat between
7th and 9th streets must leave there So