Evening star., 1927-09-30
Mains. Sewers and Market.

In a decision just rendered the Con-
troller General of the Treasury holds
that the entire cost of removing, di-
verting and re-establishing the water
mains and sewers which must be re-
moved to make way for the new Fed
eral buildings in the Mall-Avenue tri
angle must be borne by the Govern
ment as a necessary incident of the
Federal construction program. His
reasoning is conclusive. Obviously,
he says, these conduits cannot be re-
moved without providing for their re-
establishment. The divergence or re-
location of the sewers or mains is not
required by the District of Columbia,
nor will these changes be of any ben
eft to the existing service maintained
under the District appropriations.
Therefore, there appears no basis for
charging the cost of work necessary
in the construction of Federal build
ings to any District account.
In the same connection, however,
the Controller General holds that the
question of the water mains and sew
ers is different from that of the re-
moval and replacement of the farmers
market sheds which occupy part OF
the site chosen for the Internal Rev
enue Building. and that the cost of
such re.erection is not necessary in
cident to the construction of the new
building. It is difficult to follow the
reasoning in this differentiation. The
farmers market occupies it's present
site by virtue of an act Of Congress
specifying the location. That act has
not been repealed or amended by pro-
vision for another site. While perhaps
the farmers market is not to be re-
garded as in the same degree essential
to municipal service as are the water
mains and sewers, it has a status in
law which establishes 1t as definite
public utility. 1t Is not to the advan.
tage of the District of Columbia to
move the market. Its relocation Is not
required in the interest of District ad-
ministration or in the prosecution of
a contemplated District improvement.
Were It not for the Federal building
program the market would probably
remain in its present position. 1t is
to be assumed to be the intent of
Congress that there should continue
to be a farmers market. Conse-
quently the removal of the farmers
market to make way for a Federal
building would seem to be precisely in
the same category as the water mains
and sewers in respect to cost Of re-
moval and replacement.
Just why the Controller General
took occasion in connection with the
ruling on the water mains and sewers
to advert incidentally to the farmers
market question is not evident. When
that case comes up for consideration
1t should be considered on its own
merits, and in the light of the legal
status of the market, the site for
which was fixed by an unrepealed
and unamended law, a decision sim
liar to that just rendered in respect
to mains and sewers would be indi-
Gated by all rules of reason. 1t may
be that before such decision is re-
quired an act of Congress may solve
this problem, applying the same prin-
ciples Of equity that have just gov
erned in the ruling on the water mains
and sewers. The District should not
be mulcted with the cost Of doing
work that Is not incident to its own
administration, but that is occasioned
by the Federal Governments neces.
sites.