The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-04-20

tests @>~Gst the establishment of the
/ brickyard of the ChIds Brick Compa-
ny, situated between Mt. OIivet Cemetery
and the tracks Of the Baltimore and
/ Ohio Railroad. Mr. DuvaH states that
/ on April j. 1899, permit was issued to
Isaac .. Chiids~ & Sons to build brick
kilns and locate a brickyard on the Fen
| wick farm, us above described. opposite
Ivy City Discussing the merits of the
subject. Mr.. Duvan says:
In November, 1900. w J. FrizeH and
w E Collier made enquiry of the Com
naissioners whether the brick company
could resume operation without obtain
ing new permit, alleging that the brick
yard had not been in operation since July.
1S:@- This enquiry was referred to the IN
Spector Of Buildings, who reported that
| the brickyaTd had been located upon
/ the approval Of the Commissioners and a
| permit issued therefor April Il, 1890, and
had been used as such. ard that there
was nothing in the building regulations
tSection I'D that required the owner to
obtain the consent of property owners
to resume the operation of a brickyard
on the same site.
thereafter, at the request of the Com
mlssioners, the Assistant Inspector of
Buildings prepared an amendment to sec
ton Ia, which on December %. 1850. was
adopted and said section was amended
50 as to read as follows:
g No building or premises 10 he ,,ss5
as slaughterhouse, soap or candle far
tory, bone boiling or other establishment
whereby offensive or unhealthy odors or
gases are generated, shall be erected or
located within go yards of dwelling
without the written consent of the own
eTS OF all the property within 25G yards
OF the site occupied or to be occupied by
Such building OF premises If any such
establishment is not in operation within
Twelve months from the date of the per
NIX lot Its erection or operation. the per
mt snail De void. If at any time there
AFTER the establishment is not oDerated
IoT Il period OF one year for the purpose
Tor winch the permit was ISSUED, said per
MI Shail De VOID and in order to renew
same similar steps must be- taken as for
I z new establishment Theo,same condi-
ilohS shall also apply 70 hrickyards
bElckAiinS- and pottery furnaces
on March u 1901 W j. FxizzelI again
called attention to the re-Est adjustment of
sad bTIckyard. suggesting that it had
and was in the hands of new owners
f gI9 under the amended tdias rss Hfi-
Thereafter, on March Is. 1901. upon re-
port by the Assistant Inspector of Build
lngs that wOrkmen were employed recon
lor the purpose of continuing the manu-
I2cture Of bricks. Messrs Asnew and
Philips, the parties interested were no.
tlfled that a permit must BE- taken ont for
the reconstruction and operation Of the
brlck plant. because the same had been
abandoned for the period of one wear
LheE were also requested to file with
thelT appncaUon an affidavit Is to the
Grated.
"On March 2S. 1901. Messrs Rirnev and
fp-
new. acknowledging the receipt by them
OF the notice addressed to AEnew and
Philips claimed that their clients were
not required to apply for permit be
cause the property had been operated and
used as a place for the manufacture and
sale of brick since 1899. under the permit.
that II had not been used for any other
purpose neither had it been abandoned.
and its abandonment had never been in
contemplation of its owners. that its in
JeSTlIy as a brlc6yard he'd been at all
times maintained: that the only foanda-
ton for the claim that the place had NOT
been operated as a brickyard was that in
April 1900. II was deemed necessary to
make extensive repairs to the machinery
the completion Of which repairs was IN
avot5abIy delayed until October 1860 so
late IN the season that il was not deemed
advisable then to start anew IIDcn the
manufacture Of bricks. that in September
the machinery was tested in the actual
making Of bricks on the premises. etc.
1t IS claimed. among other things that
inasmuch as until December o. 1906 there !
was no regulation providing for the ter
ml0dTlOu OF rights under such 2 hermit
on account Of cessation of operations the
amended regulation was only enforceable |
after at least one year from the date Of
its adoption
"A hearing vas given by the Commits
s1oners upon the subject April Il 1901 al
which time petitions. affidavits and state
mentS OF the parties both sides of The !
ing there was considerable conflict as 10 !
the period and extent of the actual and |
voluntary cesSat ton Of some parts of tht.
work. etc ordinarily included in the op- |
Grafton Of bTickyard.
Without regard TO what the facts NAV |
be respecting the alleged cessation Of /
such operation / am of the opinion that /
section III Of the building regulations as |
amended December q. 1900 could not /
have retroactive effect; and that there |
fore the provision that If at any time
thereafter the establishment is not Ope-
rated for the purpose for wifich the per /
nit was issued. said permit should be /
void. and in order to renew the same /
similar steps must be taken as for a new
establishment. must be taken and con- |
strued to relate to a failure after Deem !
Der y. 1907. 10 operate for period Of one
year. and x consequently results that /
said pro+ ision IS inapplicable TO the pres
eHt situation
advice of the Attorney and the parties in
terested viii be so Informed.
The Electrical Engineer and the Com
the City and Suburban Railway Compauv
for q permit to erect d guy pole on the
southeast corner of Fifth and r streets
northeast, also to string certain guy
wires In his recommendation the Elec- |
trlcal Engineer stated that authority for /
action in the matter is found in the char /
ter Of the railroad company
=. 2. EHtrekin, Assistant Adjutant
General Of the Department Of the Poto-
mac. Grand Army Of the Republic has
forwarded a request 10 the Commission
Frs for permission TO make the usual can
yass Of the District Building for the pur-
pose Of soliciting contributions for Ne
mortal Lay exercises. The request has |
been approved by Commissioner Macfar- !
and, and it is understood that his assO-
siates viii concur in the decision.
The Philadelphia, Wilmington and Bal
imore Railroad Company has requested !
permission TO erect one telegraph pole on
Maryland Avenue, west of Ninth Street
southwest, also TO stretch six telegraph |
wires from point on its present line TO |
md into the freight station at Ninth and .
D Streets southwest The Commission |
rs have approved the request
Robert = I. White has requested that
he Commissioners send to him an esti- I
nate of the cost Of erecting ar,Y,e ~, |