Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-29
D. c. HEADS UPHOLD
MARKET SITE DEAL
AS HEGE PROTESTS
Right to Accept Offer of Site
Pending Title Acquisition
Is Challenged.
USE OF $780, 600 FUND
WITHOUT TITLE is ISSUE
Commissioners Invite Court Plea
for Injunction, but Director
Plans No Action.

Confronted with questions Of, doubt
raised against steps already taken
toward establishing in Southwest Wash
ington the much discussed farmers
produce market, it was understood to-
day that the District Commissioners in
tend to stand by their guns and trust
to a solution of the question in Con-
gress.
Basing his protest on an article APP
pearing in Sundays Star, Edwin s.
Hege, chairman Of the Committee on
Marketing of the Federation Of Citi-
Zens' Association, challenged the legality
of steps thus far taken by the Com
nnissioners in acquiring portions OF two
blocks In the cite set aside by Congress.
He particularly challenged the right
of the Commissioners to accept free, OF
on a rental basis portion Of one OF
the squares for a period Of two years
from the Terminal Refrigerattng and
Warehousing Corporation, until sum-
cient funds are obtained from Congress
to pay the condemnation price.
It was learned today that at con-
ference with Mr. Hege yesterday, before
the receipt OF his letter, the District
Commissioners indicated their willing
ness that he apply for an injunction II
he wished to go that far. They In
formed Mr.. Hege. it is understood, OF
their entire willingness to have the
question thrashed out in court, but be-
lieved the entangled affairs of the mar
ket site negotiations could be straight
ened out without involving court pro-
cedure.
Mr. Hege said today he has no inten-
ton of applying for an injunction, his
purpose in pointing out what he believes
to be law evasions being merely for the
guidance of the Commissioners.
Spending Of Fund at Issue.
The legal point involved in the trans
actions, 1t was admitted IN omcial
circles, Is whether the Commissioners
had the right to spend the whole $780,
900 appropriated by Congress without
first acquiring the whole of the two
SQUARES IS directed by Law. This clear
" has not been done.
AT the same time Hege charged that
1t is difncult to believe that an admins
trative ofdcer would proceed to acquire
land for the market by an arrangement
or that q bonded aOficer would disperse
public funds for purpose not contem-
plated by law without first getting an
opinion from the corporation counsel or
the controller general.
It was admitted today by Maj. H. L.
Robb, Assistant Engineer Commissioner.
that the question Of accepting use OF
the land from the refrigerating company
for two years had not been submitted
to the corporation counsel for an opin-
ion. He contended the District officials
deemed they had such authority and
intended TO exercise It.
In his letter to the Commissioners,
which had been mailed before he saw
District officials yesterday, Mr.. Hege
quotes from Controller General Nc
Carts Interpretation Of the act OF
missioners to acquire the market site
and erect thereon wholesale farmers
produce market.
1T would seem to be clear that the
specific terms Of this act" Controller
General McCarl wrote him, limit the
acquisition of the land to purchase or
condemnation. That Is, acquisition Of
the fee simple title to the whole OF
both squares, and that 1t does not au-
tf1orize the use Of the land, or expendi-
ture of funds thereon, for q farmers
market until 50 acquired"
Mr.. Hedge had put to the controller
general, for his informal ruling, the
same questions he had protested about
in his communication to the Com
missioners.
The FIRST paragraph of the legisla-
ton for the market site, quoted by both
McCarl and by Hege, reads as follows
THAT the Commissioners Of the Dis
trict of Columbia, be, and they are
hereby, authorized and directed to ac-
ouire, by purchase or by condemnation,
or partly by purchase and partly by con-
demnstion, as they may deem best, the
whole of squares numbered 354 and 355
as shown on the plat books in the ofice
Of the surveyor Of the District Of Co
q vvrlxn e1@n L.
aScuired, TO close to public occupation
and use as q street all Of r street south
west, within the adjacent curb lines
OF Tenth and Eleventh streets south
west, the area Of such squares and the
portion Of r street southwest, when
same shall have been acquired and
closed, to be used and occupied by the
District of Columbia as and for the
purposes Of wholesale farmers produce
4, market"
Hege Cites Two Acts.
An appropriation Of $500 900 for the
market was contained in an act Of July
3. 1880, year later.
Nothing In this act" Mr.. Hege con-
tends, either repealed or amended the
said act Of March 2, 1929, nor does the
latter act appear to have been repealed
or amended in any wise by any other
legislation"
A perusal OF the first paragraph OF
the act Of authorization. Mr.. Hege
pointed out. "leaves no room for doubt
chat legislation contemplated the pur-
chase Of the whole Of squares 354 and 35S
and by two methods only, namely. pur-
chase and condemnation.
Had Congress intended to sanction
the acquisition Of less than the whole
of these two squares. or either Of them
or to sanction acquisition by leasing
or rental or free use arrangement. it 4
to be presumed that Congress woulC
have embodied such an intent in thu
legislation.
I'm the same paragraph, the CLOSING
Of r street southwest appears TO be con
ditioned upon the acquisition CT thu
whole Of said two squares by purchase
or condemnation, for the language
when the same shall have been acquir
ed. the street shall be closed to public
occupation and use as street. the In
ference being clear that the street 4
not to be closed prior TO such acqui
sition Of those squares"