Evening star., 1898-05-28
the act of Congress- and, being reasona-
bic regulation, was therefore valid.
Mr.. Thomas C0ncIusion.

InOmdS conclusion.
1t was only recently that an application
was made to the building inspector for a
permit of this character, and he declined to
grant the application until he had secured
legal advice. The question was referred to
Mr.. s. T. Thomas, the attorney for the
Commissioners. In an opinion dated the
17th instant Mr.. Thomas discussed the
question of the right of locating party walls
in suburban subdivisions. He SAID, i'll part:
On or about June 70, 1871, the original
p1 oprietors of the greater part Of the lands
which now constitute the city of Washing
ton, east of Rock creek, conveyed them in
trust by deeds duly executed, to Commits
sioners Thomas Beal of Georgetown and
John NJ. CAN'T for certain purposes and
upon certain conditions; among others that
the property conveyed should be subject to
such terms and conditions as snail ba
thought reasonable by the president for the
time being, for regulating the materials
ard manner of building and improvema ants
on the lots, generally in the said city, or iE
particular streets parts thereof, tor CON-
mon convenience and safety, etc
Under the above provision and an act of
the legislature of Maryland the President Of
the United States, Gen. Geo. Washington
on October II, 1891, established certain
rules and regulations for the materials and
manner of the buildings and improvements
in the city of Washington"
To Create an Easement,
AAAS oPiiiAoiA NhSh AuOteS III luu the Dullu-
ing regulation providing for party walls,
and proceeds:
The courts have held that the effect of
II is regulation, which is the basis of our
present regulation on the subject, was to
create an easement running with the land
ana Is a condition annexed to the title of
every building lot in the city of Washing
ton.
Il have always been of the opinion. and
have SO advised. that our building regula-
tions in regard to party walls did not ex-
tend beyond the limits of the city of
Washington, but Mr.. Justice Cole of the
Supreme Court of the District in Wilkin-
son VS.. Barr & Sanner, which was an action
to recover compensation for the use of a
party wall in the Columbia Heights sub
division, held in an. oral opinion, on a de-
murfer that the party wall regulation
being building regulation and the COM
missioners being authorized by the act of
Congress of 1873 to make and enforce
building regulations in the District of Co
lCmbia, and having adopted the old party
wall regulation as one of their building
regulations, and extended it to the entire
District that the wall in question was
party wall. and that the plaintSffs were
entitled to recover for the use of it by the
defendants.
While the judgment of Judge Cole in
the case of Wilkinson VS.. Barr & San
ner Is only nisi prius decision, and is not
binding as an authority, yet being the de-
cfsion Of learned and careful Judge
made after an examination Of the subject,
1t should be followed until it is overruled.
My opinion is that the inspector of build
1ngs should be instructed to locate party
walls In suburban subdivisions in the Dis
trict Of Columbia"
Addition to the Post Building.
An add don is to be made to the building
Of the Washington Post from plans pre-
pared by Mr.. Appleton P. Clark, archi-
tect. The new part will be built on the
rear of the adjoining lot on the east. 1t
will provide additional space for the press
room. the composing room and for the city
department. while in the basement will be
located the electric lighting machinery.
The Building is to be of fire-proof construc-
ton, the walls being of steel pillars filled
in with brick.
Some New Buildings.
A brick and frame house is to be erected
by ]. H. Carnes on Grant road. 1t Will be
two stories in height, and the manSard
roof will be covered with shingles.
A house is to be built by Louis S. Shreves
at e2S s street northwest. 1t will be two
stories in height IA by 81 feet. and the
front will be built of pressed brick, and
there will be full bay window.
A store and dwelling is to be built by c.
E. Burns at 421 East Capitol street. 1t
will be two stories in height, IS by 62 feet.
and there will be full bay windows and
two large show windows.
George F. Brown will erect two houses at
645 and 647 r street northwest. They will
be two stories high, 1S by 26 feet and the
fronts will be built of pressed brick, with
full bay windows.