Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-19
RIGHTS OF HUCKSTERS
CORPORATION coUNsBL TO PASS
UPON THE QUESTION.
Result Of Protest Filed Against 0ccu-
patton Of Space at Center Mar
ket by Squatters.

As direct result Of the hearing given
the members of the Retail GrOeers' Asso-
citation by Commissioner Mcfarland yes
terday the Commissioners have recon-
mended to his associates that the matter
be referred to the corporation counsel for
opinion on the several points Of law In
VOWED. The motion made by Mr.. Macfar-
land expresses these points as follows:
II move that the corporation counsel be
required to give an opinion. first, as to the
authority of the Commissioners to allow
the sidewalk or roadway on b street from
18th to 18th streets northwest to be used
for market purposes; and, second. whether
persons selling produce of their own rails
ing have the exclusive right to occupy
such sidewalk or roadway for the sale OF
their produce: and. If not, third. what are
tn. rights Of other sellers on the sidewalk
or roadway on B street from 7th to 18th
streets northwest
Result Of Misunderstanding.
The statement made at the District build
ing during the hearing yesterday afternoon
was to the effect that much Of the cause
for complaint among the retail grocers Is
the result of a misunderstanding Of the
order of the Commissioners in promulgatfng
an opinion from the corporation counsel.
The opinion was sent out for the informa-
ton of the police department, and In 1t
the ground was taken that hucksters had
as much right to sell produce at the mar
ket as the countrymen and that II they
sold produce at the market they could not
sell it anywhere else. This opinion was
given in answer to a request from the Com
miSSiOnerS, regarding the case of a man ar
rested by the police at the o street market.
During the hearing yesterday Major Syl-
vester read this opinion. and stated that 1t
practically protected many Of the persons
against whom the retail grocers desired to
operate. Corporation Counsel Duvall in
terrupted at this stage with the statement
that the opinion did not apply to the con-
ditions at the Center market at all and
that the law on the subject was entirely
different To bear out this statement Mr..
Duvall sent for the statutes and read a
section to the Commissioners.
The law on the subject is complicated.
however. and the Commissioners decided
that 1t will be much better to give the cor
poratfon counsel more time to look I'D the
matter. Hence his recommendation this
In the matter Of referring the entire mat
ter. with three propositions, to the counsel
for another opinion.
Question Of Jurisdiction.
There Is much trepidation. 1t is reported.
regarding the final outcome Of this ques-
ton. as 1t is believed the Districts title to
authority over any portion Of the street on
which the countrymen are allowed to sell
produce Is extremely shaky. 1t has been
stated that the south side of B street is
part or the reservation on which the
Smithsonian Institution stands. and fur
Their. that the limits of this reservation ex-
tend to line drawn due west from the
limit of the reservation between 9Th and
TIN streets. This would bring the northern
nne OF the Smithsonian Park to a point a
rev feet north of the northern car track of
the street railway running through
street between 9th and 9th streets. 1t Is
not known ,, whether or not the corporation
ton. or will simply confine himself to the
question of the rights of the hucksters