Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-01-07
COURT RULES OUT
10TH STREET SITE.
Contemplated Location for
Engine House Held Part of
Rock Creek Park.

The District Commissioners will have
to look again for site on which TO
build the proposed Sixteenth street fire
engine house.
Their plans to build the engine house
at Sixteenth and Webster streets fore
stalled by discovery of an old clause
in the property deed the Commissioners
received new setback today when the
District Court Of Appeals ruled that a
new site selected at Sixteenth and Col
oraao avenue was part of Rock Creek
Park. which has been perpetually dedi-
Gated ss a playground for all the people
of The United States and in which ada
cent property owners have rights and
easements which must be protected.
The opinion, by Justice Van Orsdel,
reversed the action OF the District Su-
oreme Court. which had dismissed q
suit for Injunction brought by Henry /.
Quinn and other adjacent property
owners. Attorneys Henry /. Quinn and
George e. sullivan, for the owners,
Doinfed out that the land Ia soned as
residential. from which areas fire engine
houses are excluded.
Congress Power Questioned.
Assistant Corporation Counsel Alex
snder H. Bell. IT,. insisted that Con-
grese in esta blishing the engine house
a. the point designated was acting IN
the exercise of its general police power.
The court. however. held that this
power does not extend to the changing
of the purpose for which park has
been dedicated, especially where the
predecessors in title owned portions OF
the land forming the park. and were
supposed TO have been compensated with
a view OF the benefits sccrulng TO the
remainder Of theii holdings by the
establishing of the park.
Justice Van Orsdel said The court
was not impressed with the contention
of the District that the owners had an
adequate remedy al law. because In
such case the District would have de-
Tended on the claim that 1t was ex-
ercising governmental function IN
providing an engine house.
CORPORA ton Counsel William w.
Bride shortly after being informed oil
the decision announced his intention
of appealing it. to the United States
Supreme Court.
This Is one OF the class Of cases
which the Supreme Court may hear II
it. decides to do So" Mr. Bride said.
ana / shall make every effort TO get IT.
before the court. I cannot agree with
the opinion OF the Appeals Court. l
believe that Congress was perfectly
within its rights in setting aside this
lsn0 for use as a site as fire engine
house even after it had been purchased
as a park site Congress has the right
to undo what it has done.
Holds Protection IL Needed.
eff this decision and other decisions
recently handed down by the courts
restricting the Districts power to es-
tablish municipal agencies in resi-
Dental districts are TO be followed to
their logical conclusion, obviously the
territories now growing up will be at
least without fire protection. We would
be compelled to go out far into the
country, where there are no neighborS
TO protest. before we could And 9. place
to set up an engine house. This would
defeat our purpose. rs the time taken
by he engines 20 reach the scenes Of
sres would be SO great assSo nullify the
protection they ere supposed 70 aacr6. +"