Evening star., 1895-06-12
TWO DISTRICT HEARINGS
Property Owners Contention Over Owner
ship of Water Street.
Objections Also to the Running of m
EnEine-LeEaI Talent Argue
the Question.

When the Commissioners went into board
session this morning at IL o'clock they
found themselves confronted with array
of legal talent. Two important hearings
were set for today. One was for the prop
erty owners who objected to the mainte-
nance Of a gas engine by the Nelson Morris
Company, beef dealers, the north side
of B street between 9th and 1th streets
northwest, and the other hearing granted
the attorneys representing the owners of
property abutting on Water street.
Mr.. T. A Lambert appeared in the first
case in the interest of Jacob karr and
Robert Cohen. He maintained that the
Commissioners having no right to sanction
a nuisance, certainly had no right to alter
regulations permitting them. Washington
city was different from any other city in
the country. 1t was pre-eminently a city
of residences and he thought where private
interests were involved they should be con-
s.dered above all others. He introduced
testimony tending to prove the engine COM
planned of nuisance, and showed now
property interests in the immediate vicinity
had been affected by the presence of the
gas engine.
Mr.. Henry Wise Garnett appeared for the
Nelson Norris Company. He did not thiak
it necessary, he said, to go over his arsu-
ment made several days ago, and confined
himself to introducing testimony in the
shape Oh letters from the Ol
several cities showing shat no regulations
were made against the erection and mainte-
nance of gas engines. The hearing was
finally postponed until tomorrow, in orGer
that the Water street case could be heard.
Possession of Water Street.
This is nc new subject to the citizens of
Washington. From time to time for years
the Commissioners have tried to get pos
session of Water street and remove the OBJ
structions to the river front, with a view
of readjusting the front and renting the
wharves, which, they maintain, are now
Upcn District property. There is a great
diversity of opinion regarding the owner
ship Of Water street, and a case is now
pending in the Supreme Court which will
he heard next October which will settle
this veXed question.
When, several weeks ago, the Metropoli-
tan Railroad Company applied to the Com
miSSionerS for permission to construct a
separate track along Water street for the
running of It's electric cars, as chartered
by Congress, this question came up. The
permit, it will be recalled, was issued and
the Belt line railroad requested to move
its tracks further west. This effectually
shut OF any space that might be required
for vehicles, and the Commissioners there
upon decided to widen Water street. Ac-
cordfngly, notices were sent out to all
lessees of property along the water front
affected to remove their distractions with
..
This morning the attorneys representing
the different owners appeared before the
Commissioners to get a stay of the order
The case of Barber & Ross. lessees of Van
Riswicks wharf was first taken up. This
hrm leases the wharf opposite square 5O3,
which Is used for storage, lumber and
wharf purposes. Mr.. T. A. Lambert read
a protest from the property owners affected
against the enforcement of the order and
Mr.. Caloeron Carlisle called attention to
the case pending in the Supreme Court
which is to be heard in October next and
of frequent letters of the Commissioners
agreeing to do nothing further in the mat
ter until the case was decided. If the Com
missioners insisted upon enforcing the or
der the property owners, he said, could de-
pend upon the Attorney General of the
United States and the Supreme Court of
the District of Columbia to uphold their
position to be let alone until the case was
settled by the Supreme Court
Mr.. John Salden followed with a brief ar
gument. He held that the street was built
by the owners of abutting property, and
they had never been reimbursed for the
outlay. He urged the Commissioners to de-
Ter any further action looking to the title
or w alter street until the case now pending
before the Supreme Court had been decid
ed. The Commissioners took the matter
under consideration. promising to give
their decision before the notice expired