Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-09-08
MERCHANTS FIGHT
D. PARKWAYP[AN
ON MARKET SPACE
Louisiana Avenue Dealers
Ask Injunction Against
Reduction of Area.

! Merchants doing business on Louis
| lana avenue northwest between Sth
and 10th streets to the estimated an
nual volume of $15.000,000 today ask
ed the District Supreme Court for an
! injunction to prevent the District
Commissioners from constructing a
!; parkway along the center of Louis
+. lana avenue. Justice Gould issued .
rule on the Commissioners to show
cause September 13 why preliminary
| injunction should not be granted.
The petition to the court is signed
| by thirty-four firms and corporations,
| including Harry Sherry. Golden a. Co,
A Cerriglio & Co.. Barnett Shapiro,
| Morris within, Richard l. Ball, Isaac
| Furman, Harvey r. Mann. A. w. Kelly
& Co. c. X. Andrews & Co.. Krey.
Price & Co.. William T. johnson. Stro-
hecker & Guest. F. B. Crovo. Jr. q Co.
William Brayshaw, Ephraim J. Hollis,
simone. Ferrero & Fitzgerald, Miller
Ferry, Vigderhouse & Cohen, E. D.
Means & Co.. National Fruit Co, E..
Maury Posey, Richard w. Claxton,
Harry H. Harris and P. X. chaconas
& Co.
They are represented by former Cor
poration Counsel Syme and Attorneys
Douglas. obear & Douglas.
Maintain Open Market Space.
The plaintiffs tell the court that
for more than fifty years, to the
great convenience of the citizens Of
Washington. the sidewalk for a space
of twenty feet from the building line
and five feet from the curb on this
block has been maintained as an open
market space. The sidewalks on both
sides of the street have been estab-
lished forty feet for half century
also. it is stated. and the space has
been necessary for the proper dis
play of the mercha ntlise and for the
convenience Of shoppers.
The peculiar use of this block has
been recognized, the court is told,
by the present city officials. and that
because of the accommodation afford
ed and it's accessibility and the busi-
ness cOnveniences existing large
and profitable business has been built
up to the profit of the merchants and
to the great convenience. economy
and benefit to the people at large,
plan of Improvement of the street
Pand roadway. aS contemplated, is al
lowed to be carried out.
Claim Have No Authority.
The claim is made that the Commits
sioners are without authority to
diminish the space occupied by the
merchants for so many years, as their
piAH OI Improvement lnOlCaJeS, un-
less such space is needed by the gen
eral public. The. merchants assert
clare That ihs narfoaiSs & 3 VI ss tssss IL Slss. NJ
walks Is merely for the purpose Of
constructing an ornamental parking
in the middle of Louisiana ssaysnus,
which -subserves nos 0HAftt rtfrbbA
and will present forf1fidabie oHstfuc-
tion to vehicular traffic." 81 t5Szs ssft
The plan OF the Commissioners, in
stead OF increasing space for public
use. it is urged, would reduce by
three feet the sidewalk space now
used by the public and lessen by ten
feet the space devoted to the use OF
the merchants. The proposed action
Of the Commissioners is declared to
be contrary to the spirit and letter OF
the acts OF Congress and ian arbi-
trary and unlawful exercise of the
discretion granted to the Commission
ers under such acts" -
Would Hinder business.
The plan complained of would. de-
stroy Louisiana avenue as a business
street, would hinder their business
and will entail upon the owners of
property on Louisiana avenue the
great expense of paying one-half of
an increased cost. and will amount
to an unauthorized expenditure of
public, money, the merchants tell the
court. 500