Evening star., 1927-11-03
|COURT AID ASKED
IN POOL PROTEST
Citizens Seek Injunction
Against New Bathing Tank,
Holding Act Violated.

Intervention of the District Supreme
Court to stop the work of constructing
an artificial bathing pool on land ad'
jacent to the Langley Junior High
School at Second and r streets north.
east, was asked today in suit for
injunction brought against Col.
Ulysses S. Grant, Sd. director of pub
lie buildings and public parks; Frank
White, treasurer of the United States,
and G. G. Loehler. Franklin National
Bank Building. the contractor. The
plaintiffs are Henry r. Myers, 1906
Rittenhouse street. a member of the
Tech High School Alumni Association:
William w. Spencer. 134S Monroe
street. also an alumnus of Tech High
School; Edwin B. Lawless. $40 Ran
dolph street northeast, member of the
North Capitol Citizens Association.
and Robert c. Carter. 1870 r street
northeast, member of the latter as
sociation and member of the Lang.
ley Parent.Teachers Association. The
plaintiffs also sue in the capacity Of
taxpayers.
The charge is made that Col. Grant
is dis"egarding the law in proceeding
with the work after his attention had
been called to the plain provisions of
the acts of Congress relating to the
location Of bathing pools. The court
is asked to enjoin Loehler from pro.
ceeding with the construction Of the
pool under a contract with Col Grant
made October s and to enjoin Col.
Grant and Treasurer White from pay
ing out District funds provided under
an appropriation of March ? for the
construction Of the pools. Col. Grant.
it is also charged, did not have the
approval Of the Commission of Fine
Arts before making the contract.
Claim Acts Violated.
The plaintiffs point out that Con.
gress February %, 1923, appropriated
$215,000 for the purchase Of land for
school purposes adjacent to the Lang.
ley Junior High School, and the Dis
trict Commissioners purchased land
on Second street northeast between
r and T streets. On May 4, 1926.
the court is told, an act was passed
for the establishment of bathing pools.
which appropriated $345,000 for the
purpose and provided that the Com
mission of Fine Arts should be con.
suited as to the location and construc-
ton of the pools. which were to be To-
Gated on lands acquired for park.
parkway or Fairgrounds" The land
now being used was not acquired for
the purposes named in that act, but
for school buildings, the plaintiffs as.
sert.
The Commission Of Fine Arts, un.
der date of September 10. the court is
advised, wrote Col. Grant that "it Is
unfortunate that the land for the
swimming pool must be cut out of the
grounds of the Langley Junior High
School and Of the Mckinley Manual
Training School. The space itself is
inadequate.
Site Held Inadequate.
at Is in too close proximity to resi-
dences on one side and to a school
playground on another side. The pur.
chase Of the ground to the north Of
the Emery School. where the land Is
cheap and where there is room to de.
velop a swimming pool adequately.
would have been the economical
course to pursue. On the site select
ed the pool must suffer undue con-
poses must be taken and two jurisdic.
tons must be maintained"
About 200 residents of the District
and members of the Langley Parent.
Teachers Association. II Is stated, pro.
tested the location Of the pool October
18 and the North Capital Citizens
October "a voiced It's dis
as did also the executive
Of the Tech High School
Alumni Association. All these pro.
tests were without avail, the court Is
told. and the petitioners. through At.
torneys Adrian J. Humphreys and
Robert K. Anderson, inform the court
that in their opinion Col. Grant disre-
garded the express provisions of the
act of Congress and that the contrnct
is unauthorized by law and the work
Is being done in contravention of the
statutes.