Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-18
HURLEY REFUSES
OIL PIER PERMIT
War Secretary 0Verrides
Recommendation of Chief
of Army Engineers.

war Hurley mas olSdpprOVeQ the dppli-
cation of the Sun Oil Co. of Philadel-
phia to construct a pier for the loading
and unloading of oil on the Virginia
side of the Potomac River 400 feet above
the Key Bridge.
In disappearing the recommendation
of Maj Gen. Lytle Brown, it was under
stood that Secretary Hurley was actuated
by belief that the construction of pier
extending $50 feet into the river, with
the subsequent oil Seepage and industry
1t would entail, would be detrimental
to the development of the George
washington Memorial Parkway.
officials of the National Capital Park
and Planning Commission, which has
charge of the memorial project recently
authorized by Congress, were elated
today over the decision of the War
Department head, as were civic groups
both in Arlington County and the Dis
trict of Columbia which had led in the
fight against the proposed wharf.
May Give Up Fight.
While it was impossible to get into
touch with officers of the Sun Oil Co.,
the opinion was expressed by Govern
ment officials that the company would
not undertake to carry their fight to
the courts in an effort to carry out its
original intention of maintaining an oil
center adjacent to the proposed George
Washington Memorial Parkway.
Despite the recommendation Of the
Chief of Army Engineers that the per-
NIT be granted on the ground that 1t
entailed no interference with navigation
in the Potomac, it was said that Gen.
Brown. a member of the Park and
Planning Commission, was personally
in sympathy with the aims of Federal
agencies and civic bodies to bar in
dustries from the Virginia side of the
river above Georgetown.
Based ON Navigation.
The recommendation of the Corps of
Army Engineers, it was explained, was
based solely on the questions affecting
navigation over which it has exclusive
Jurisdiction. Since it was the opinion
of the Army engineers that the pier
would not interfere with navigation in
the Potomac, there was nothing else
for Gen. Brown to do, it was explained,
except to make such a report.
Secretary Hurley, who promptly noti-
fed the Sun Oil Co. of his decision, sup
ported the claim of the Park and
Planning Commission that it has juris-
diction over the property on the
Virginia side of the river which the
Sun Co. had acquired and on which it
had contemplated the construction of
pier and storage tanks.
The Park and Planning Commission
had disapproved the application for the
permit because, under the Cramton act
and enabling act, 1t is authorized to
acquire all lands along the Potomac
River or SO much as needed, from the
city limits of Alexandria up to and
including Great Falls, for the develop
ment of the George Washington Me-
mortal Parkway. In the proposed de-
Velopment Of the parkway, Capt. e.
N. Chisolm, engineer of the commission
explained, it was necessary for the
parkway plans to run through the
property on which the Sun Oil Co. con-
templated building.
Not Anxious About Appeal.
Government oficiaIs today expressed
little anxiety over the possibility of the
Sun Oil Co. appealing from the dss-tSion
of the Secretary of War in contesting
the right of the Park and Planning
Commission to Jurisdiction over land
ION the Virginia side of the river.
+ Capt. Thisolm pointed out that the
decision of the United States Supreme
Court in the Morris and Battery Cove
cases upholds its Jurisdiction. In both
cases, it was said, the Supreme Court
ruled that the District of Columbia line
extends to the high water line on the
Virginia shore. Therefore. that strip
between low water and high water line
on the Virgins shore, it was held, is
United States = operty.
Being United States property" Capt
Chisolm said, cit is believed the Sun
Co. tract in question is under the
jurisdiction of the director of public
buildings and public parks"
Aef1 lie Will of he
Court, Capt. Chisolm pointed out that
the United states also claims the land
under the Potomac River. In that
event, he explained, if piles are driven
into the bottom of the river for the
erection of wharf they would be
driven on Government property.
Many Protests Filed.
The controversy involving the per-
NIT was submitted to Secretary Hur-
ley over a week ago. Against the rec
the War Department head had protests
from the Park and Planning Commits
sion, the Commission of Pine Arts, the
Federation of Citizens Associations and
many other groups in the city inter-
ested in the Identification of Washing
tons water front When it appeared
the permit might be issued in the face
of these protests, plea was taken be-
fore President Hoover. While the White
House had made no statement to the
effect, it Is understood in official cir
cles that the President sided with the
agencies that were fighting to bar the
oil wharf.
The question has been hanging fire
ever since the Virginia Legislature,
about a year ago, provided for the Gre
alton of Zoning Commission for Ar
lington County. After thorough sur
vey of conditions the Zoning Commits
sion zoned the section sought by the
Sun Co. for its tanks as residential
Under the Virginia law the County
Board of Supervisors has to approve
the decisions of the coming body. BY a
vote of two to one, it was said, the
coming was changed from residential to
Industrial This gave the Sun OIL Co.
to build industrial plants on the prop
erty in question. The County Board OF
Supervisors consequently granted per-
NIT for the oil facilities on Six-acre
tract between the Potomac and the Lee
Highway. When 1t became known that
the oil company proposed to extend its
pier ESQ feet onto the Potomac, strong
opposition arose from adjoining prop
erty owners that eventually was carried
to high places under the Federal Gov
ernment.
University Officials Join.
DR.. ]. N. Roberts of Mackeys Hill,
whose property adjoins the land on
which the tanks were to be erected,
was leader in the early fight. OFF,
Gals of Georgetown University, located
directly across the river, also joined in
the citizens fight and supported the
stand taken by the Park and Planning
Commission that the oil pier and tanks
would interfere not only with the
memorial parkway but would also be
ruinous to the Identification of the
potonac at that point