The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-12-04

Major Sylvester has sent TO the Com
missioners Tor their consideration the re-
port Of Lieut.. L. II. HOllinberger, CON-
handing the Fourth precinct relative TO
the dangerous condition of the wharf oc
cupied by w W. Riley Me states that
the wharf IN question IS occupied as a
fish and oyster landing. and 1t is IN very
bad condition owing to The fact that the
timbers and the flooring are rotten. He
states that several oyster boats have been
injured in trying TO approach the wharf,
and their captains threaten suit against
the District for damages. The heuten-
ant is of the opinion that something mus
be done socn or a serious accident VIII
result in which the District will be liable
for large amount Of damages.
According 10 a memorandum prepared
IN the Engineer Department the wharf &C.
cupIed by Mr. Riley at The foot OF EleF-
enth Street southwest comes within the
decision OF the United Supreme Court in
the Potomac Flats case IN that case it
was decided that the title TO the land
lying south of Water Street between the
Long Bridge and the Arsenal was in the
United States. The court stated, how
ever, that the parties who had construct
ed whaTves and warehouses on said land
should not be treated as trespassers but
should receive compensation for said
structures This matter of compensation
:
The memorandum further sets forth that
prior to the rendition Of this decision Con-
gress passed the act of March ,, 1893. Civ
ing the Commissioners control Of all wharf
property Belonging 20 the United States
aIG the District, except small frontage
VII Oh was placed under the charge Of the
Chief Of Engineers and authorized them
10 make rules and regulations regarding
the same, and to repair, rebuild, maintain,
alter. protect, etc. said wharf property
After the rendering Of the decision Of
the court, above noted. the Commissioners
notified the occupants OF wharves to va
cate, but upon the advice OF their Attorney
this notice was recalled until such time as
the question of compensation should be
settled
The status OF the case, therefore. is very
PECULIAR Mr. RiIey's position is similar
to that Of a tenant al viii or By suffer
ance and he would probably feel that he
was not justified in expe2ding money on
the wharf He is not tenant Of the Com
missioners, and they could not probably re-
ouire him TO make repairs. The memoran-
dunn further states that this is known as
the fish wharf; that is. all the fish coming
into Washington by water are landed at
this wharf, the privilege Of receiving the
FISH being let at auction 10 the highest bid
der. All schooners bringing fish to the
city. therefore have to land at this wharf
paving Mr.. Riley for the privilege. He
rents the privileges not the wharf
It Is further stated that there is an
appropriation for the improvement and
protection of the harbor and river front,
the enforcement Of laws and regulations,
construction and maintenance of wharves
and buildings and for other necessary
items and services" aud il is suggest ted
that this appropriation may be available
20 repair the wharf and to remove the
danger referred 10 by Lieutenant Holm
berger.
In acting upon this matter today. the
Commissioners voted @ refer II to the
Attorney of the District Cor an opinion
as to the rights Of the Commissioners in
the premises.
Lieut. R. B. Boyle has forwarded charg-
es to Headquarters against Private A. P.
Cow, of the Police Department preferred
by SeTgeants Judge and LYDIA. The charg-
es in effect are that Cow failed TO report
through the patrol box to the station
house.
In forwarding the reports to the Com
CT1r,n,-fT1 room