Evening star., 1897-01-02
THE COMPANY WlTHDRAvvS
Commissioners Practically Conceded Control
Of B Street. eJ
The Long-Pending Contest Over a
street Occupied by Farm
Wagons.

In the case of the Washington Market
Company against the District Commission
ers filed November I, 1895, the complainan,
today withdrew its application for tht
granting at this time of an. Injunction pend
ing the final hearing of the suit. Judge
Cox thereupon discharged the temporary
restraining order granted the day the case
was filed.
The company asked the court to restrain
the Commissioners from taking any steps
to prevent the occupancy by market wag-
ons or stands of produce dealers of any
portion of the sidewalks or roadway on the
rorth side of B street between 1th and 9th.
The complainant also prayed the court to
re strain the Commissioners from beginning
any proceedings at law because of said
occupancy against the produce dealers, or
any of them. or any officer, agent or EN-
ploye of the Washington Market Company.
In Withdrawing its application at this
time for an injunction the company did SO
without prejudice to its right to apply for
rule to show cause why the same should
rot be granted at any future stage of the
proceedings, should the same become ma
terial
Probable Action.
The attorney for the District as soon as
the matter had been settled in the court,
repaired at once to the District building to
inform the Commissioners of the courts
action in the case. His report was receiv-
ed with considerable satisfaction on the
part of the Commissioners who have main
tanned all along that B street was the
property CT the District. After his depar-
ture a reporter of The Star interviewed
the Commissioners.
Major Powell saids "The attorney for the
District has just informed me of the ac-
tion of the market company in withdraw
Ing its case upon the question Of the right
rint IN ctr he hnu
has as. yet taken no action in the matter
! am satisfied the Commissioners will at
once ciIect the police to enforce the police
regulations along that street"
Does that mean, major, that the farm
ers will be driven from under the shed
on the north side of the street abutting the
marFet building?"
Not necessarily. OF course this injunc-
tion and the restraining order which fol-
lowed emanated from our order directing
the removal of the farmers. l do not an
t1ctpate that the Commissioners will take
any immediate action looking to clearing
Is to stop Immediately the paying of fees
by the farmers to the market company for
the use of the public street. l am still of
the opinion. however, that majority Of
these who stand along the north side of
b street are not farmers, but hucksters
we nave been ready to try this case for a
lone time, but the market company has
beer active in putting the trial off The
iSieISbCS VI tHe Dill 10 commissioners
several days ago, which corfers certain
rights and privileges upon the clerk Of the
market company, brought matters to a TO-
Gus. The Commissioners could not report
upon that bill until the pending case was
settled. So we urged an immediate hear
ing. with the result that I have just told
you.'
Commissioner Ross said he had not
heard officially the result of the trial this
morning. He was not in position to say
what action the Commissioners would take
in the matter. When the board met he
would call attention to it, He did not think
that there would be any immediate action
looking to a change in the farmers status
there. except so far as the payment of fees
to the market company was concerned OF
course that would have to cease, for it
was marifestly unlawful for any one to
pay private corporation for the use of
public street.
The action of the Washington Market
Company today was taken, it Is under
stood, in view of the passage by the SEN
ate of resolution prohibiting the Com
missioners from disturbing the market COM
pany and dealers. The resolution is now
before the House of Representatives hav-
ing been favorably reported by the House
committee. Because of this situation of the
controversy, the Washington Market Com
pany did not care to prosecute the matter
in the courts.