Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-09-04
PLAN GOING AHEAD.
Old Act Will Not Be Allowed to Retard
Buildings.
BY WILL p. KENNEDY.


The act of Congress in 1870 which
gave the District Commissioners au-
thority to use the strip Of Federal
property between Tenth and Twelfth,
b and Little B streets as a farmers
market for an indefinite period is not
going to be allowed to retard the cree
ton of the new Internal Revenue
Building on this site and two squares
to the north, one of which Is already
owned by the Government. This act
has been quoted as a bugaboo, which
would hold up the entire Federal build.
ing program until after Congress
meets and has time to pass another
act directing that the farmers mar
ket be moved to some other location.
Even before the conference with
Treasury officials and representatives
Of the Public Buildings Commission
yesterday, Engineer Commissioner Bell
declared he would heartily support the
proposal to take Immediately the west
ern half of the site, now occupied by
the farmers market, SO work could be-
gin on the western portion of the In
ternal Revenue Building this Fall.
instead Of the southern half, which
would cover the entire farmers mar
ket.
II think it is entirely practical for
start work on this building" said Com
missioner Bell. I'VE can adjust our
selves in the remaining space for the
farmers market until a new site la
found. Little B street is to be closed
any way and the farmers could be al
lowed to use it. We could put up tents
for them If necessary. The District
Commissioners have no thought OF de.
laying or impeding the Federal build
ing program" he emphasized. I'VE
are just as anxious as any one to see
these new model, modern workshops
for the Government go up. The Dis.
trict Commissioners want to cooper
ate in every way possible with the Fed
eral officials"
AS a matter Of fact, the act Of Con-
gress establishing the farmers market
on its present site was permissive
rather than mandatory. It contained
may" language rather than must
language. The purpose at the time
was to remove the farmers market
which was then a live stock and swine
market as well. from Pennsylvania
avenue and Louisiana avenue. The
only positive language in the act was
that within 60 days these nuisances
must be removed from PENNSYLVANIA
and Louisiana avenues.
IL gave the District Commissioners
authorization to use the Federal tract,
but did not say that the Federal tract
must be used for that purpose. It
was not perpetual permission but in
definite. 1t merely allowed the mu-
n1cipality to occupy that space
1t was then Federal property and
is still Federal property and Federal
Government now wants it back to be
used for an imposing Federal build
ing. There Is no doubt at all but that
it will get 1t.
An opinion by the corporation coun-
sci. submitted to the District Commits
sioners on July 28, held that the Sec
rotary Of the Treasury could not sum-
marily take this property away from
the District officials using it as a
farmers market. Approached from
the better viewpoint, as expressed by
Commissioner Bell, that the District
officials desired to cooperate with the
Federal officials, the corporation coun-
sells opinion would be entirely differ
ent. He would now rule that the Dis
trict Commissioners. desiring to ac-
commodate the Federal officials and
expedite the public building program
as a matter of good public policy,
could yield that location without the
necessity Of awaiting a mandatory
act of Congress.