Evening star., 1936-11-13
ID. c. HEADS PLAN
| FIGHT TO FINISH
AGAINST ABATTO|R
Encouraged by Roosevelt
Support forsBattIe Next
Week.
BOARD ACTS MONDAY
ON DENIAL OF PERMIT
Legal Contention to Be Based on
Public Nuisance
Grounds"
ENCOURAGED BY support from Presi-


dent Roosevelt and other prominent
Federal onicials. the District Com
missioners today were preparing for
a sharp court battle next week In
resisting the efforts of Adolf Gobel,
Inc, to re-enage in large-scale slaugh-
tering and meat preparation opera
tions in Northeast Washington.
I'VE are going to fight this thing
out in the courts. and fight hard, "
Commissioner Melvin c. Hazen said.
I'VE feel pretty confident of winning,
but If the court rules against us well
appeal"
To expedite the pending mandamus
suit brought by the company, which
Is set for argument Tuesday in Dis
trict Court, the Commissioners called
another board meeting for Monday
at 10 am. They are expected then
to deny the abattoir permit by formal
board action.
To Meet Technically.
This Is more or less necessary action
to meet o technicaiity involved by the
mandamus suit. Legal aides held that
the Gobel action in bringing the man.
damus suit was premature. since the
Commissioners had not denied the
permit for the superstructure. In
stead, they had simply delayed issu-
ance pending an investigation by spe-
cial committee headed by Health
Oficer George c. Rutland.
There will be no abattoir on that
site If I can prevent it." Commissioner
Allen said today. Il am for keeping
Washington pure, beautiful and odor-
less"
Joining forces with the District in
the legal fight to bar the abattoir from
resuming slaughtering operations are
legal aides from the Interior Depart
ment, Public Works Administration
and National Capital Park and Plan
ming Commission.
To Eight II OUT
The Commissioners had decided to
fight 1t out In the courts" q short
while before President Roosevelt, at
the intercession Of Secretary Ickes, let
it be known that he was in sympathy
with the fight to bar stock yard activ-
tiles In an area near Federal Park
improvements.
The Presidents position, however,
greatly strengthened the Commission
ers' determination to meet the issue
squarely in the courts. 1t was ex-
pected that Corporation Counsel El-
wood H. Seal, who will argue the case.
would file an amended answer to the
Gobel demurrer.
The Federal lines are sharply drawn
in the fight. Frederic A. Delano,
chairman of the Park and Planning
Commission, and Secretary Ickes. to-
gether with the Committee Of 100 on
the Federal City, presented evidence
to convince the Commissioners that
operations as proposed by the packing
firm would constitute Q nuisance"
in an area in which the Government
is particularly interested.
The case pending in court. it was
indicated today viii be fought chiefly
on public nuisance" grounds.
The main contention of the Gobel
Co., it appears, hinges on the fact
that it previously had been awarded
permit to dig foundations for the
plant at Benning road and Kenilworth
avenue and has already expended q
large sum Of money.
Could Start New Action.
Regardless Of the way the court
may rule in the matter, . protracted
legal battle was forecast. The Gobel
Co., If it chose, could begin a new ac-
ton if the opinion supported the posi-
ton Of the Commissioners.
Regardless of the fact that the Bu-
reau of Animal Industry has approved
the plans of the packing firm as
meeting Federal requirements, the
Commissioners believe they have q
strong case in contending that the
operations would now or at some fu-
ture time become a nuisance Affect
ing wide area Of the city.
The question of changing the zon-
ing regulations so as to prohibit the
issuance OF q permit for slaughter
house, except on order from the Dis
trict Commissioners, Is q matter that
probably will be taken up soon.
That the regulations in the District
are in need Of amendment in so far
as nuisance" industries are concerned
Is indicated by the admissions Of the
Gobel attorney, w. Gwynn Gardiner,
in a recent letter to Mr.. Delano de-
tending the firms position. He had
reference to criticisms that the odors
from the plant would be Objectionable
because Of the proximity Of a pro-
posed p. w. A. housing development
and park areas.
Gardiner pointed out in his letter
that "the nearest distance Of this
plant to the edge of Anacostia PARK,
II and when developed, Is $500 feet" I"
He added: 'The distance from the
plant to Fort Mahan Park Is 765 feet;
from the plant to the closest house on
Anacostia road, 40 feet; from the
plant to the closest house on Benning
road. $50 feet. and from the plant to
Benning road, which Is the closest
street to the plant, ZOO feet"
Mr.. Delano, 1t was said today, was
preparing reply.
Meanwhile various Government of
ficials are gathering facts about abat-
toir conditions in other cities.
VICTORY DANCE SET