Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-27
COUNSEL IT'D DECIDE
Revocation & Permit for a
Storage Warehouse.
THE HEABR1Ne TODAY
RESIDENTS ENTER PROTEST
AGAINST THE ESTABLISHMENT.
Claim That It Will Be Practically
Livery stable-Reference to
Attorney Duvall.

Attorney Duvall.
large delegation of property owners re-
siding in the vicinity Of 10Th street and
Rhode Island avenue northwest appeared
at hearing granted by. the District Com
missioners this morning at IL o'clock TO
protest against the automobile warehouse
for which a permit has been issued on prop
erty owned by Miss Alice L. Riggs at the
corner mentioned. The Commissioners is
sued the permit two days ago on the oral
advice of the COOPERATION counsel. lmme-
diately there was protest from the neigh
borhood. The property owners appeared
this morning to urge that the permit be re-
scinded. They, argued that the Commits
sioners had the legal right to take this &C
ton, and went into the merits of the case
from all points of view.
Commissioner Macfarland, president Of
the board, announced the facts leading up
to the hearing which had been requested.
on behalf of the property owners affected,
by Mr.. Allison Nailor. He called upon Mr..
Nailor to present the matter from the stand
point OF the neighboring residents, and to
suggest what method it was deemed proper
for the Commissioners to follow in view of
all the circumstances Mr.. Major declared
that the neighborhood Is a strictly residen-
mobile store room and repair shop in Its
midst would deprecfate the value Of the
property most materially.
He declared that II the projectors of the
automobile stable were allowed to proceed
the property owners adjoining and sur
rounding would be compelled to call upon
the Commissioners for q reduction in the
assessed valuation Of their land and houses.
He referred to the Objectionable odor and
noise of an automobile stable and repair
shop. He said he had spent his life In
acquiring the property he owned in the
neighborhood, but he would have to pull
up stakes and move away If the stable
was allowed to operate
Views Of the Opposition.
Capt George w. Baird of the United
States navy. who lives in the vicinity, p.o-
tested on his own behalf and on behalf OF
Admiral Upshur. Capt Baird said he un-
derstood the whole matter rested upon the
definition of the word STABLE" He de-
scribed it as a place for the keep Of horses
vehicles for hire The car barns of the
railroad companies are stables in the ac-
cepted sense Of the word
lives in the neighbofhood, made the longest
argument of the hearing and took the mat
ter up from the legal standpoint, as had
been requested by the Commissioners. He
argued that if the Commissioners had is
sued the permit under q misunderstanding
or at variance with the regulations, they
had right to rescfnd It, He characterized
the permit as nothing, more than a license
which could be revoked at the will Of the
authorities, provided they proceeded legal
ly in the matter Mr. Tobriner read
police regulation adopted by the Commits
sioners February 10 last, which provided
stable" or place where automobiles or loco
mobiles were kept fori hire, should be
located upon any lot until the consent of
majority. of the surrounding property, own.
l,I L<ry, soy
He argued that the automobile ware
house for which the Commissioners had is
sued a permit was absolutely nothing more
or less than an automobile livery stable
and, therefore, came within the purview OF
the regulation SO recently adopted by the
board. ..- ...,s
Conducted as Livery Stable.
Mr.. Tobriner said the permit called for an
automobile storage warehouse. In one por-
ton Of the application, however, It was
stated that there was to be a repair shop
upon the premises also. Mr.. Tobriner said
he had inquired into the matter and had
learned that 1t was intended to use the
building as sales room, as a repair shop
and as a place of storage for automobiles
purchased there. He understood the COM
pany would charge for the storage Of these
automobiles that would be In and out daily
just as livery stables charge for the keep
ing of private horses and vehicles. He de-
clared that under the circumstances tb1re
was nothing to do but classify the place
as an automobile livery stable. and there
fore the permit for 1t was issued without
authority of law and could be revoked.
Mr. William D. Hoover, who appeared as
the representative OF George Howard, the
agent Of Miss Riggs In the matter. was
asked by Commissioner Macfarland the
purposes to which the building was to be
put. Mr.. Hoover said the automobile COM
pany that would occupy 1t is now located at
18th street and Pennsylvania avenue. It
was intended to sell automobiles and to
allow those who bought the gasoline We
hicles to store them IN the establishment.
He did not know whether or not a charge
was to be made for the keeping OF the We
hicles Mr.. Hoover said Mr.. Howard had
obtained the permit In good faith, had con-
tracted for the building and executeda lease
to the automobile company on the strength
of the permit granted to him by the Com
missdoners.
A Technical Point.
Mr. Tobriner called attention to the fact
that the building regulations call for the
filing of a power Of attorney in ali cases
where permits are taken out over sigma
lures other than those of the owners. In
the present Instance there was no record to
show that Mr.. Howard had filed such
power of attorney in signing for-Miss Riggs.
He declared that here was another ground
upon which the Commissioners could base
their action IL they desired to revoke the
permit. ..S,,-i :. =
Mr., Hoover replied that Mr.. Howard has
a very sweeping power Of attorney to act
for Miss Riggs. and 1t would be forthcom-
ing whenever desired by the Commissioners
or the corporation counsel.
Among the othersNsho spekewere Robert I.
Fleming, representing LeYh P. Morton, own
er of the propertHs lesaed to- the Russian
embassy: Dr. Charles R dGilbert, w. @. Nc
Dowell, w g. HogarrH. H4Gilfry. DR.. J. r.
Kelly and Hemen sI,pweNo AllAprotested vig--
orously against thel proposed estab lishmenf
as nuisance. sm osr
The Commissioners toHk the matter under
consideration andtwdeclded to refer the
case to the corporltionogounsel for opinion
as to the rights of she commissioners to re-