Evening star., 1932-12-06
Appropriation of S71,716
for New Engine House
Is Available.
CROSBY WILL DISCUSS
PROJECT WITH WATSON
Right to Build on Sixteenth Street
Site Won After Four
Year Fight.

The Districts victory in its four
year fight to place fire engine house
| on the northwest corner of Sixteenth
| street and Colorado avenue, made final
| by decision in the Supreme Court
of the United States yesterday, will
! probably mean that construction of the
| house will start in the near future
| The appropriation for the house has
| been continued and is now available.
1t amounts to $71,716. Plans for the
| new house were drawn and contract
awarded In 1929. When the objecting
| property owners enjoined the Commis-
| sioners from proceeding, however, the
| contract was rescinded. Originally it
/ had been let to James L. Parson, jr,
| for $57,l00.
Commissioner Herbert B. Crosby said
today he would talk the matter over
with Fire Chief George S. Watson be-
fore going ahead with the construction.
Watson is away on sick leave, but is
expected to return shortly. He is known
to be anxious to have the engine house
built.
Case Taken to Appeals Court.
Originally the District bought a site
at Sixteenth and Webster streets for
the fire engine house, but residents CT
that neighborhood succeeded in block
l1lS COIlSIIuCIlOIl HIlGIl II was 1OuIlO IIldI
clause in the deed to the property
limited its use to residential purposes.
Then in 1928 Congress passed an act
allowing the District to use strip of
land 100 by $50 feet in Rock Greek
Park en- the northwest corner of Six
teenth street and Colorado avenue for
the engine house and permitting it to
sell the Sixteenth and Webster streets
| site. A group OF property owners, head
ed by Henry l. Quinn, again resisted,
and succeeded in restraining the Com
miSSioners from putting up the house.
The case went twice to the Court of
| Appeals and both times the property
owners were victorious.
The Court of Appeals based its de-
cision on the theory the land had been
condemned and benefit assessments
levied against adjacent property owners,
for park purposes and that the ad-
iacent property owners had a right to
have this use continued indefinitely,
and that Congress could not divert the
land from the purpose originally set
out in the condemnation acts.
Opinion Written by Stone.
The Supreme Court, in an opinion
| written by Associate Justice Stone, how
! ever, held that the adjacent property
OWIlCAo 1AdN lIO PlOPN1by vi NOAAGl dSI
right superior to the right of Congress
to protect the District against fire
hazards The opinion said in part:
by dedicating the lands thus ac-
| quired to a particular public use, Con-
gress declared a public policy, but did
| not purport to deprive itself of the
! power to change that policy by devoting
! the lands to other use. The dedication
expressed no more than the will of
| particular Congress which does not i'm
| pose itself upon those to follow in sue
| ceeding years
1T is true that the mere presence
of the park may have conferred spe-
cial benefit on neighboring owners and
enhanced the value of their property.
But the existence Of value alone does
| not generate interests protected by the
! Constitution against diminution by the
/ Government, however unreasonable its
action may be-" ~
On the particular strip of property
| involved, Lieut.. Col. u. S. Grant, Sd
| has now established a miniature golf
course. If the Commissioners decide 20
| go ahead with the construction this
will have to be moved.
CITI2FNS nUSCTTSS NEEDS