Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-25
GRANTED USt Of PARK
Washington Base Ball Club
Secures 9TH Street. Grounds.
THE ISSUE Of1 PERMIT
ORDER PROMULGATED BY THE
COMMISSIONERS.
Washington Brick Company Seeks to
Prevent Removal of Improvements
From It's Property.

The District Commissioners this afternoon
issued an order directing the building in
Spector to issue permits for the erection of
the necessary grand stands in the old 7th
street base ball park. This action was taken
by the District authorities following the
conclusion of hearing in the board room,
when a protest against the issuance of the
permit and the granting of license for
base ball park at the place mentioned was
made by Attorney Malcolm Hufty, and ar
suments in favor of the proposition were
made by Attorneys Lambert & Baker. rep
resenting the Washington base ball club.
AS reported in The Star yesterday, the
owners aof the club and Attorney Baker
and Mr.. Hufty appeared before the Commits
sioners yesterday morning to discuss the
proposed issuance Of the permit for the
erection of the grand stands Mr.. Hufty
desired time in which to prepare his argu-
ments in the matter, and the Commissioners
gave him until $3.50 o'clock in the afternoon,
when both sides were to be heard. MI
Hufty, however, failed to put in an appear
ance before The Commissioners at the time
appointed yesterday afternoon, and furth-
e.! continuance was granted until tins morn
ing at Il O'Clock.
AT the beginning of the session this morn
ing Mr. Hutty stated that he WAS not pre-
pared to argue the matter He said he had
afternoon, and that he had not received
the notice of tbs mornings hearing until
about an hour prior to the time set lie
requested a further continu ance.
Commissioner Mcfarland called atten-
ton to the fact that two continuances had
already been granted in the matter, and
that Mr.. Hufty should have been prepared
by yesterday afternoon to argue the case
He thought that the Commissioners had
shown full consideration and courtesy in
deferring the hearing on two different occa-
SONS He called attention to the necessity
for expedition in the matter and told Mr..
fluffy if he desired to De heard to proceed.
Alleges Injustice.
The protesting attorney declared that in
proceeding under such circumstances the
hearing would be farce and that an injus-
tice was being done the property owners in
the vicinity of the 7th street park in giving
such short notice of the hearing. He, how
ever, proceeded to present his arguments
against the issuance of the permit.
In response to question from Mr.. Hufty,
Building Inspector Ashford stated that 1t Is
within The discretion of the Commissioners
to whether not permits for the cree
ton of grand stands shall be issued.
Mr.. Rufty argued that by erecting frame
grand Stands in the 18th street park the
building regulations would be violated. He
contended that such structures could not
properly be erected within the fire limits.
Mr.. Hufty also opposed the issuance of the
permit and of a Ecense on the ground that
no circus could be operated within the city
limits without the consent of 10 per cent
of the property owners in the vicinity.
MIR. Hufty contended that a base ball
game is circus, which rs defined in the
dictionaries he said, as any exhibition of
athletic skill strength &c. "As applied
to the Washington Base Ball Club" said
Mr. Hufty II think / can properly con-
tend that it comes within both the letter
and spirit of the term circus"
hn oh on in nfnS fn1 rot, ct
the short time given him in which to pre-
pare his arguments, and in reply Mr..
mcfarland stated that the Commission
ers assume that some property owners in
the vicinity of the park protest against
the maintenance of base ball park in
that locality. 1T Is not for you. Mr..
Hufty, to dictate to the Commissioners
the length of time which they will allow
for preparation in the matter" said the
Commissioner. The case is not a compli-
Gated one, and you should be able to pre-
sent the legal arguments in the case with
the time that has been given YOU"
MI. Bakers Arguments.
Mr.. Baker, arguing in favor of the is
suance of the permit, quoted from the
license law, which distinguishes between
a circus and a base ball game, in which it
states that a fee of $500 a day shall be
required for a circus and a fee of 50 a
day or $50 a week is required for a base
Ddll game. he SdlO the DullOlnS TeSuIa-
tions with reference to the erection of
grand stands have been Interpreted here
tofore, when the present stands in the
American League Park were built These
stands, he said were erected within the
fire limits and under the present building
regulations. MIR. Baker said that in all
cities there are chronic kickers who pro-
test against the location of a base ball
park in their neighborhood, and that it
is to be expected that there will be pro-
tests in the case of the location under
consideration. He called attention to the
fact that the 9TH street base ball park has
been used as such for the past fifteen
years.
Mention made of the fact that
Freedmen's Hospital is in the vicinity of
the 7th street park and it was stated that
the authorities of that institution do not
object to the location of the base ball
grounds at that point.
Commissioner West called attention to
provision in the regulations which gives
the Commissioners authority to permit
the erection of observation stands within
the fire limits MANS NV ba