Evening star., 1928-02-29
FIRE HOUSE LEFT
WITHOUT A SITE
Ruling Against 18th and
Webster Streets Means New
Congress Plea.

Barred from using the site at Six
tcenth and Webster streets for erec-
ton OF a new fire engine house. as a
result OF an official opinion rendered
by Corporation Counsel w. w. Bride
1t developed today that the District
Commissioners probably will have tC
seek additional authority from Congress
before they can decide definitely on an
other site.
Mr.. Bride held that the Commission
erS acted beyond their powers" In
purchasing land at Sixteenth and
Webster streets on which to build q
fire engine house, as the land is sub
ject to covenant that it should be
used exclusively for residential pur-
poses AS a result the Commissioners
are left literally high and dry" and
the residents of that section have won
out In the dispute to bar the proposed
fire engine house from the site.
Must Get Authority.
1t will be necessary for the Commits
sioncrs to get authority from Congress
to sell the site at Sixteenth and Webster
streets. which cost in excess Of $4,000,
If that course Is finally determined upon
by the board In view of Mr. Brides
ruling, it was expected the Commits
sionerS would go before the Senate APP
propriations subcommittee. when II
holds hearings on the District bill. tC
ask authority to locate the engine
house at Thirteenth and Allison streets
This Is the alternate site proposed by
the citizens committee. of which Louis
Ottcnburg is head. and included also
Edward S. BraShears and F. T. Hurley
An obstacle is presented because oi
the fact that the site at Thirteenth anC
Allison streets was acquired long age
for tuberculosis hospital, which was
never erected. and part of the land T.
now occupied by two small school build
ingS.
The unused portion Of this land. how
ever, is sufficient for the erection OF 6
fire house, but 1t is believed congress
sional approval would be necessary.
Plan to Sell It Back.
The Commissioners propose to sci
back to its former owner the Sixteenth
and Webster streets site at the price
paid for 1t. If Congress will give its con
sent. Neighbors. who have protested
against erection OF the engine hous'
there, have offered to contribute funt
to pay the real estate commission 81
that the District can get all its money
back.
Acting on behalf Of the residents. Mr.
Gutenberg and a delegation called OF
the Commissioners two weeks or so ao'
and announced their determination Il
enjon the District from building th'
engine house on the Sixteenth stree
site. They filed brief alleging exist
ence OF n covenant and citing author
tiles to show It binding on the District
Existence OF the covenant inquiries
4 I1A nft n
the District auditors Office when TIT
purchase was made. The Commission
ers then called on Corporation Counse
Bride for an opinion. which he rendered
yesterday.
Brides Views Outlined.
Mr.. Brides opinion said In part
The question seems 10 be whethel
such covenant is binding upon tn'
municipality when the land is acquired
for a public purpose. The authorities
seem to have settled the matter IN tn'
affirmative"
After citing the authorities. thu
opinion continued:
Under the act OF May 10. 1926. thu
Commissioners were authorized TO pur'
chase house. site. furniture and fur
nishings for an engine company 10 ot
located In the vicinity OF Sixteenth
street and Pincy Branch road 1t II
nv view. therefore. that the purchase
Of the land so restricted by covenants II
the deed was beyond the powers OF th'
Commissioners.
THE act referred to gave them power
10 purchase for specific use: the deet
which they acquired made that specific
use unlawful II those persons who arr
protected by their easements are com
pensated and the property freed from
| the restrictions with which 1t is nov
| charged In an appropriate proceeding
| then 1t Is possible 10 use the propert,
| for the purpose for which 1t was pur
| chased Otherwise and as long as III,
| restriction remains the District OF Co
| Iumbia Is bound by IT,"