Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-15
LICENSE FOR "ADREA"
ISSUANCE By THE ASSESSOR DIS
GUESSED IN CONFERENCE.
Authority Of That Ohicer Said to Be
Supreme-Posihon of the
Commissioners.

There was a secret conference in the
board room at the District building this
morning. participated in by the three Dis
trict Commissioners. acting Jointly on the
one side, and HopewelI H. Darneille. Dis
trict assessor. acting for himself, on the
other side. The conference was the result
of the action Of Assessor Darneille last
evening in issuing special license to the
representatives of David Belasco, to use
the Convention Hall during the week be-
ginning December %, for the production OF
"Adrea," with Mrs. Leslie Carter in the
title role.
1t is learned representatives Of Mr.. Be
lasco applied to the assessor late yesterday
evening for special license for the pro-
duction of "Adrea.'' Without consulting
Darneille issued the license. Early this
morning the Commissioners summoned the
assessor into their presence in the board
room. and 1t Is understood asked him to
explain why he had granted the license
without first calling the matter to their
attention.
i. Mr.. Darneille. it is understood. told the
Commissioners that the authority to issue
District assessor and that the Commission
ers have no jurisdiction in the matter The
hall, he said, has been certified to by the
building inspector as in compliance with the
regulations for safety applying to public
amusement halls.
The only statement made at the close OF
the conference was that Of Commissioner
West. who said:
THE position Of the Commissioners is un-
changed, Notwithstanding the fact that a
special license has been issued for the use
of the hall. We will insist on the building
being put In compliance with the regula-
tons for the safety of the public, and the
changes made in the building will be in
spected by the building inspector. If the
building is not in proper shape for the pro-
lection of the public. we will prevent the
performance"
Mr.. West did not mention by what au-
thority the Commissioners would attempt
to prevent the performance, nor under what
law they would be empowered to prevent a
performance for which license had been
duly issued.
Question of Authority Of Commission
ers.
A number of officials and attorneys said
today that they did not see what authority
the Commissioners could exercise to pre-
vent the performance proposed by Mr.. Be-
lasco. since the license for the entertain
ment has been issued. The opinion was ex-
pressed that the building inspector and the
assessor will be the responsible officials in
the event any accident should occur in the
hall during the performance that might be
attributed to inadequate precautions.
1t was also argued that the Commission
erS might become involved in serious dam
age suits in the event they stop the per-
Torrance of Mr.. Belasco's play The mat
ter has ocasioned an unusual amount Of
interest at the District building and was the
general theme of discussion among the en-
ployeS and officials, overshadOwing the con-
troversy among the officials as to the en-
forcement of the existing smoke law.
1t Is stated that the action of the District
assessor with respect to real estate taxes,
etc. Is subject to review by the Commits
sioners but that in personal tax and IL
cense matters he assessors action is con-
elusive and not subject to review 1t is
also stated that the issuance of licenses is
purely administrative function of the as
SCISSOR, and that the courts have so held
When the regulations have been complied
with and an applicant applies for a license
1t is stated the assessor has no alternative
hut to issue the license
The license law specifically states that
applications for licenses shall be made to
the assessor of the District" and further
that all licenses and transfers issued or
granted shall be signed by the assessor of
the District of Columbia and impressed with
the seal of his office.
1t is declared that the Commissioners
have no jurisdiction whatever in the matter
or licenses. In the late law providing for
the erection of fire escapes and other pre-
cautions for the safety Of the public In
hotels, theaters, halls, ETC., they are given
authority to approve of the style of fire
escapes, but the precautions for the safety
of the public are left to the judgment Of
the building inspector. Section 3 Of the
act of Congress relating to the subject pro-
vides follows:
That it shall be unlawful to issue a L.
cenSe to the lessee or proprietor of any
building in the District Of Columbia used as
a hotel, factory, mandatory, theater, ten
ement house, hail. or place Of amusement,
or other building used for business for
which license is required, unless the appli-
cation for such license is accompanied with
the certificate Of the inspector of buildings
that such building is provided with fire.
cfa Infyn Id l;rr1.k L..
.gongs and descriptive notices as required by
sections one and two of said act