Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-01
Quotation 'FRONT.' the Code.

Mr.. Cox declared that the Commissioners
had been imposed upon, and that Mr..
Thompson never did hold the land in fee
simple. He also declared that the Com
mssioners had exercised jurisdiction in
the case without having jurisdiction, and
he quoted section 1907 of the District code
relating tostfre obliteration of alleys, which
reads as follows:
whenever the title in fee simple to an
entire square is vested in one person or in
tenants in common, or partners, and such
owner or owners desire to improve said
square by the erection of a building there
on, covering not less than two-thirds of the
area thereof, or for the purpose of some
business enterprise, the Commissioners of
the District may, on the petition of such
owner or owners, setting forth such owner
ship, the purpose for which it is desired to
use such square, and the manner and the
time in which it is proposed to improve the
same, on being satisfied of the truth of the
fact stated in the petition. and also that
the proposed change in use will not be det-
rimental to the public interests, make an
order canceling any previous subdivision Of
said square and obliterating all alleys
therein. They shall cause certified copy
of such order to be attached to a plat of
said square and delivered to the petition
ers. who shall file the same for record with
the recorder of deeds and also the surveyor
of the District, each of whom shall record
the same
The attorney argued that Mr. Thompson
never owned the entire square in fee SIM
pie; that his letter requesting the oblitera-
ton of alleys was not a petition, and fur
Their that the Commissioners could not de-
termine at the time the order was passed
whether or not the purposes for which the
buildings were to be used would be detri-
mental to the public interests. Mr. Cox
declared that the structural iron works
operated on the land make more noise than
boiler factory, and he contended that
x.,l.1f 49,, ,1kx . l.
iron works constitute a nuisance is vet to
be judicially determined by the Supreme
Court of the District the Commissioners
should not prejudice the case by deciding
not nuisance and detrimental to the pub
lie interests.
Declared to Be a Fiction.
Mr.. Mackey declared that the whole mat
ter was "a fiction conceived for the pur-
pose of deceiving the Commissioners"
Col. Biddle. Engineer Commissioner. ex
planned that the alleys in the suburbs are
not generally owned by the District, but
are set aside by the o@mars of land in the
square. He said ne believed it was only a
question of time when a. large part of the
iand IN the vicinity of the railroad in Eek
lngton VIII be devoted to warehouses etc.
MI. CoA also objected to the running of a
railroad switch from the Baltimore and
Dno , " Tue StructuraE iron works. Col
Biddle said that If factories are operated in
that vicinity it would be necessary to con
struct switches to thernf s.
DO not think" said Col, Biddle, "that
there was anything wrong I'm the fact of
having the alleys oblitsrafeds If Mr.. Ross
had purchased the two-lots2 owned by Mr.
thompson and then applied for the obfitera-
ton OF the alleys. I think the Commission
ers would have been inclined to grant the
application. and I hardly think the Com
missioners have been bmposeh upon
Mr.. Macfarland's Views.
IF Mr. Thompson did, take this property
FOR Few days only for the purpose of
getting this matter through" replied Com
missioner Mcfarland, then consider that
it was an imposition on the Commissioners,
and believe the matter, demands investi-
cation. As presented to the Commissioners
in the first place the matter seemed entirely
regular, but in view Of the new develop
ments and the reconveying by Mr.. Thomp-
son or the land back to Mr.. Johnson after
the order was passed, it seems that a care
fui INQUIRY should be made into the
matter"
The Commissioners stated that from the
papers IN the case and from the records it
appeared that Mr.. THOMPSON was the own
er or the property when he applied for the
oDnteration OF the alleys The subsequent
developments, however, In their opinion,
seemed to require that the case be looked
into further. and this they promised the
compliments to do.