Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-06
COURT WILL RULE
IN GARAGE CASE
Decision of Great importance
to Capital Automobile
Dealers.
SALESR0OM REPAIR
SHOPS MAY BE BANNED
Arthur Foraker Is Defendant and
Promises to Fight Question
to Finish.

The question OF whether automobii.
concerns may make adjustments in their
salesrooms or private repair shops in tn.
rear or salesrooms, without their coming
under the meaning Of the term garage.
Will he decided during the coming week in
the local courts
TWO weeks ago q warrant WAS issued
Tor the arrest Of Arthur Foraker Of the
Potomac Motor Car Company, 1913 Con-
necticut avenue. charging him with oper-
ating garage on the premises. He
was represented by Attorney John
b Daish and when It came UP in the
Police Court q few days ago he demand
ed q jury trial for Mr.. Foraker. This
was refused by the authorities and a
postponement OF the case vas requested
until April 8. which was granted. Attor-
ney Daish was informed that the case
could not be tried by jury, but he insist,
that his client is entitled TO one.
Garage Is Defined.
Under section Of the building regula
lions. a garage is defined as follows
GaraSe-A building used for housing
(other than mere warehousing) steam or
motor driven vehicles. or where such
vehicles are equipped for operation, re-
paired or kept for hire.
Mr.. Foraker claims that he does not
operate garage In any sense of the
word, but conducts an automobile sales
room, coming under the following section
which was adopted May 25, 1912:
Strictly private establishments, hous-
ing not more than five steam or motor
driven vehicles, all the property of one
quirements Of this regulation IN located
not less than fifty feet back from the
front building line of the lot, or IL To-
Gated in a fireproof compartment in a
dwelling
Building Regulations.
The building regulations of the Dis
trict covering the question Of garages is
as follows:
No garage shall be erected, located. es-
tabltshed or maintained. upon any resi-
dence street or avenue in the District OF
Columbia withou the written consent
OF the owners Of 70 per centum OF the
property within two hundred (2OO feet
Of the proposed establishment, nor upon
the following classes Of property with
out the written consent OF the owners OF
two-thtrds OF the property within ninety
600 feet OF and within the same square
as the proposed establishment.
tO Property fronting upon o public
alley in the rear Of property fronting
upon residence street
OBJ Property fronting upon q business
street or avenue, the rear Of which prop
erty opens upon a residence street or
the rear Of which opens upon properly
used wholly or in part for residence pur-
poses on q residence street, or the rear of
which opens upon an alley in the rear OF
Provided. That additional street
garages, any part OF which will lie
within thfrty-fve feet of any wall OF
lawfully established street garage
for which consents required by the
which established garage is in active
operation under a permit which has
been lawfully issued, may. on appli
cation. be permitted to be established
without the requirement Of any fur
Their consents whatever, and, similarly,
upon application, additional alley gar
ages any part Of which will be within
thirty-five feet Of any wall Of Q law
which consents required by the regu-
lations have been furnished. and which
established garage is in active opera
ton under permit which has been
lawfully issued, may be permitted.
Provided further, That the above
provisions shall not apply where the
lawful establishment of the first ga
rage is in litigation. In computing
this regulation the following classes
Of property shall be counted as con-
senting:
(a) So much of the area of all prop
erty as Is used for business purposes.
(b) So much of the area of all prop
erty as is used as private stables or
private garages.
Pleaded Guilty to Charge.
The Foss-Hughes Company. local rep
resentatiye for the Pierce-Arrow, at 1910
Connecticut avenue. a few doors from
the Potomac Motor Car Company. also
was subject of a complaint recently and
F. N. Prendergast. local manager, ap-
peared in court and pleaded guilty to
the charge Of operating a garage. when
he was only making adjustments. II is
said, to cars Of private owners in the
rear of the salesroom He informed the
court that he would close up the rear
Of the establishment, which he has done,
and he has been compelled to secure
quarters elsewhere in order to make
minor adjustments to his machines.