Evening star., 1896-02-21
THE MARKET CONTROVERSY
Answer Of the Commissioners to the In
junction.
Claim the Right to Make Police Reg.
ulati0ns and Deny Many of the
COmpany's Allegations.

The answer of the Commissioners to the
Injunction of the Washington Market Com
pany concerning the occupancy of street
between 7th and 9th streets has just been
completed by Maj. Powell. to whom the
matter was referred. and submitted to the
attorney for the District, who will draft
the answer in proper form and present 1t
to the court.
The answer of the Commissioners asserts
that the Center market established by the
ordinance of 1902 and whose limits were
fixed by the ordinance of 1861 was actually
and with intent abolished 10y virtue of the
Washington Market Company's charter.
which substituted therefor upon nearly the
same site q non-municipal and private man.
asement and control of certain public
market.
That this charter gave a franchise to a
private corporation, subject to certain con-
dftfonS and requirements, and for exercise
only on tract of public ground described
In the charter by definite boundaries 1t
Is claimed by the Commissioners that such
tract differs In boundary from reservation
Z. from the Center market of 1892 and from
the same Of 1867, and that neither the
words Center market nor reservation z are
named or referred to i'm the said charter.
They claim that the Center Market of
1887 extended on the south only to the
north line of Il street. and that Is feet in
the roadway from the curb line of that
north of the south wall of the present mar
ket building on street and could there
fore not possibly include any part of the
roadway or sidewalk of the present b
street between Ith and 9th streets.
And they claim further that the license
law of 1871. eXemptng farmers from pay
ing a license fee, does not authorize them
to have stands on any roadway or side
walk. but contemplates that they should
sell from door to door. The Commissioners
deny absolutely that from 1902 the public
market on reservation Z extended to the
canal. The canal boundary for the munich
pal market at that locality was not desig-
mated. they say, until 1861.
They deny also that wagons and produce
stands have since 1902 occupied what are
row the north sidewalk and roadway OF B
street north at Reservation Z.
The Commissioners deny that the market
building on the south front is north Of the
middle line of b street as named in the
company's charter, and that there is no
uncertainty. grave or otherwise. as to The
exact width of B street
The Commissioners deny that they have
endeavored to entiCe away from the mar
ket the class of dealers known truck
men, or any other class Of dealers, and as
sert that the market company. in viola
ton of its charter. has not provided on the
market grounds accommodations for track
men or farmers selling from wagons.
They also deny that 1t is their intention
to take away valuable wholesale and
retail business from the market company
III oilci " UP tlStWIeTc u TlNdl
market; but admit the intention to estai-
lish in the Hay Market square market
for the purchase and sale of country pro-
duce sold in quantities from the wagon
and of other similar bulky and coarse
ticles as contemplated and authorized by
law.
Concluding. the Commissioners aver the
legality of the authority vested in them to
make police regulations. and say i'll is their
purpose under the regulations 10 be es-
tabl;shed TO assign spaces and stands at
the place mentioned only to farmers and
gardeners as are licensed vendors.