The evening times., 1900-03-22
ORDWAY Heirs DEMAND
The Commissioners Asked TO Make
Settlement.
The Affairs of the Washington Mar
Let Company Under COnsidera-
tion-An Executor Wants Ground
Rent-Adverse Opinion Rendered
by the Attorney for the District.

The executor OF the Ordway estate has
made a demand upon the Ccmmis sioners
of the District for the settlement OF al
legged claims arising from the removal OF
the Washington Market Company from the
premises on Pennsylvania Avenue to the
grounds of the wholesale market.
In a letter addressed to Commissioner
Ross. on March 3 y. C. Ordway. as execu-
tor OF the estate of George l.. Ordway
says:
Il therefore respectfully ask. as the
executor of Colonel OIdway's estate, and
representing him and the purchasers of
the property as their attorney. that the
Commissioners will assent TO an equitable
adjustment Of the amounts collected and
received for the use of the building and
grounds under their direction, and allow
the building to be removed TO a private
lot. as it originally cost the owners. with
the expense of moving and improvements
at different times upon il, $1,000 or more.
Il may be permitted in this connection
TO say that the facts herein set forth are
within my knowledge, and that the Mar
ket Company received at the time of the
sale of this building and materials al
auction the full amount set forth in the
certificate of the aucticneer.
Il trust. therefore that this matter af-
fecting my sons widow and her children
who are all members of my family. may
have a just and equitable consideration.
In 1885 much trouble of the same nature
was had between the Commissioners and
the market owners The matter howeV-
er, was peaceably settled and allowed to
rest until but a short while ago when in
application for an adjustment of accounts
Mr.. Ordway addressed the preceding let
ter to the Commissioners.
This application was given to the Attor-
ney for the District, A. B. Duvall who
yesterday rendered an opinion in part as
follows:
The claim is. that the District is liza
bic TO account to the owners of the build
ings removed from the Washington Mar
ket Company's premises on PENNSYLVANIA
Avenue. TO the grounds Of the wholesale
market. it being alleged that such removal
and location was made with the consent of
the then Superintendent of Buildings, and
that an arrangement was made by which
the District should have one half of the
rental and those who had placed the build
ing there should receive through the col
lector of ground rents, the other half OF
the rental for its use. etc
Il am of the opinion that neither the
Superintendent of Buildings (whoeVer may
be intended by this designationl, nor any
other Official had legal authority 10 make
any such arrangement as that above men
toned, and the District of Columbia there |
fore has not and is not bound thereby, nor /
is it liable to account for any rentals.
1T further appears that the alleged |
owners of the bhilding desire to remove il |
to private lot. The presumption is that !
a building thus located upon the land OF |
another becomes the property of the land |
owner and unless the owners Of the build !
ing expressly reserved the right to re- !
move IL they have no such right"