The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-01-02
MARKET SUIT WITHDRAWN
Company AbandOns Its Applica,
ton for a Restraining Order.
CONTENTION OVER B STREET
Commissioner Powell Has Fortified
the District side With an Elab-
crate Investigation and a Report
VIII BE Made to Congress- RestO-
ration of Huckster Il privileges.

| Attorney s. T. Thomas called upon Com
missioner Powell this morning to announce
| that the application of the Center Market
! Company for a restraining order TO pre-
vent the District from enforcing an order
for the control of b street, fronting the
market house and for other purposes. had
been withdrawn from the court docket.
This suit OF the company has been pend
| ing since early last summer. The conten-
ton was that the company, under the pro-
! visions OF its charter, owned the ground
upon which the thoroughfare is located,
ana had the right to use it for purposes OF
its own.
The company made really three claims
at intervals. One was that the entire
street, 20 the south curb, belonged 10 it:
or, that being disproved, its ownership
would extend TO the center OF the street,
and. in any contingency, fifteen feet Of the
ground. from the north curb toward the
center would be shown to belong to the
corporation.
How the Trouble Began.
The controversy arose at the time the
Commissioners issued the somewhat cele-
brated order for the removal of the stalls
and stands from the sidewalk south of the
market. The company had been renting
the stands to the curbstone dealers, and.
eventually, the collection of this revenue
was forbidden by the Commissioners.
Suit was brought, as stated, and has ever
since been pending, by which the company
Sought TO cOntrovert the claim of the Dis
trict.
To meet the oompany's contention, Major
Powell, OF the Board Of Commissioners,
hunted up the old records back TO the date
when the city was laid out, and ELECTED
facts which, he claimed, sUbstantiated con-
clusiyely the District contention He said
he could have shown on trial that the COM
pany is not entitled to an inch of ground
beyond the south boundary line il its build
ing.
asked what the Commissioners will now
do, the Engineer Commissioner said he
could not speak for the board, but that a
report would be no W made to Congress upon
the bin, now in the hands OF the House Dis
trict Committee, which was introduced as
a means Of securing to the company the
right TO rent the spaces on the street, as
formerly. That measure is now before the
Commissioners for a report upon its merits,
and the indications ara Uhatit viii be given
adverse recommendation.
Effect of the Abandonment.
IL is argued that after their efforts to
secure the control OF the street the Com
miSsioners cannot now be expected to ap-
prove a proposition to restore 20 the mar
ket company the very privileges the ex-
ercise Of which have been regarded as OBJ
jeCtionable.
The abandonment Of the company's suit
viii doubtless be used as an argument be-
fore Congress 10 back up the Commission
ers' objections TO the company's occu-
pancy of the street for private business
purposes That's something which, Major
Powell said today, the board had declined
to do, and could not do, for any firm or
cOrpOratiOn.