Evening star., 1935-10-31
z0N|NG QUESTION
DOMINATES TRIAL
Of COL. 0EHMANN
Inspector Said to Have Per-
mitted Structural Change
in Building.
RULINGS ON TERMS
DECLARED CONFLICTING
Commissioner Allen Joined by
President Wheatley of Bar As
sociation in Hearing.

Inconsistent interpretations of zon-
ing regulations by District officials
were stressed today as the trial OF
Building Inspector John w. Oehmann
was resumed before Commissioner
George E. Allen and H. Wlnshlp
Wheatley.
Wheatley, president of the District
Bar Association, was asked to sit IN
the case by Commissioner Allen, VINO
said he was anxious to avoid any I'M
preston that the charges would be
whitewashed.
Assistant Corporation Counsel Ell
wood Seal and Chester H Gray In
troduced evidence designed to prove
Oehriann permitted structural
change in a building at 2145 I street
In violation of the zoning regulations.
This precipitated a dispute as to
what constituted structural change'
and defense attorneys secured ao-
missions from witnesses that there
is a conflict in rulings by the District
Commissioners on this point.
View of ]. E. Johnstone.
Jerome E. Johnstone, now chief in
spector for the Alcohol Beverage Con-
troll Board, and formerly coming en-
eineer in Oehmann's Office, expressed
the opinion there had been a struc-
tural change to the I street building
In answering a hypothetical question
put by the prosecution.
Johnstone explained the rebuilding
of a wall supporting the building
would be a structural change unless
this alteration was necessary to in
sure the safety of the building. This
section of the law is important, since
the zoning regulations, for example,
will not permit a store building al
ready existing in a residential section
to be used for that purpose after there
has been a structural change. The
purpose Of this regulation Is to pro-
tect non-c conforming uses in existence
at the time the coming classification
was made, but to prevent their con-
tinuance beyond the life of the build
ings housing them.
Col. Oehmann, who is facing nine
charges of irregularity in the con-
duct of his Office, contended through
his attorneys, w. Gwynn Gardiner
and James M. Earnest, that the al
terations in this building did not con-
stitute a structural change and were
carried out by order of the District
Commissioners.
In support of this contention, Gar
diner introduced a letter from the
Commissioners to the owner of the
property directing the latter to tear
down the second and third floors
of the building. which were of wooden
construction and had been declared
unsafe, and to repair the first floor
of the building. Johnstone said he
would have followed the directions in
this letter had he been in the owners
position. Pressed by Gardiner, the
witness agreed the Commissioners
"have the last guess" in determining
o structural change.
Building Found Dangerous"
George A. Knott, field inspector in
Oehmann's office, said he examined
the building prior to its reconstruc-
tion and found it dangerous to life
and limb"
The prosecution is expected to call
j. j. Kimball, chief field inspector
in Oehmanns Office, for further tes-
timony on this point.
AS the hearing convened Wheatley
expressed the opinion the second charge
against Oehmann lis right serious"
and asked that every effort be made
to produce witnesses in this matter.
The charge in this case is that
Oehmann permitted Robert Goodman
to serve on a board of survey ap-
pointed to examine the I street prop
erty when Goodman had an interest
in the project. Wheatley asked that
Goodman and Pincus Fox, the owner
Of the property, and the one who
protested Goodman's appointment, be
brought before the board. It was
explained they cannot be subpoenaed,
but that every effort will be made
to produce them.
The fourth charge against Col. Och
mann is that he neglected to enforce
an order of the Commissioners re-
quiring construction of a fire escape
on building at 908 E street. George
Nussbaum, acting fire inspector, testi-
ing house without a fire escape for
two years after he recommended the
Installation of the safety device.
Quotes Building Inspector.
Kimball testified yesterday Oehmann
had told him he didn't care anything
about the fee" in issuing a permit to
Isaiah Baptist, colored house wrecker,
to raze several buildings.
II don't care anything about the
fee," he quoted the building inspector
as saying. II want to help old Bap-
tist out"
This incident formed the basis for
one Of the nine charges against Col.
Oehmann, it being alleged he failed
to collect the $713 fee, when he was
required by law to do so unless the
buildings had been condemned. Och
mann's attorney said his client
thought the buildings had been con-
demned and that the failure to COL
lect the fee was an error.
Kimball, however, said he told Och
mann before the permit had been
issued that the properties had not
been condemned.
Thought Them Condemned.
Baptist testified he thought they
had been condemned and told Col.
Oehmann so.
Counsel for the building inspector
quizzed Kimball in an announced
effort to show he was prejudiced
against Oehmann. He questioned
Kimball closely about his interest in
two parking lots and attempted to
show he participated in these ven
lures against Oehmann's recommend
ations. Kimball denied Oehmann had
cautioned him against the transac-
tions, and said they were regular In
all respects.
r. elea uos I,rnafott mt m eroas,