Evening star., 1936-11-17
D, c, HEADS OBTAIN
DELAY IN SUIT FOR
ABATT0|R PERMIT
Amended Answer Sets Forth
Technical Reasons for
:, Barring Structure.
COUNSEL FOR COMPANY
GET 2 WEEKS FOR STUDY
Attorneys May Stand on Demur.
rer, Withdraw It or Ask Leave
to Change Petition.

The District Court battle scheduled
for today on the petition by Adolf
Gobel, Inc, to compel issuance of a
permit for the rebuilding and enlarge
ment of its abattoir on Benning road
northeast was postponed for at least
two weeks by Justice Joseph w. Cox,
who permitted the District Commits
sioners to file an amended answer to
the suit.
The amended answer set out the
Commissioners formal denial of the
permit yesterday and stated the six
technical reasons on which the city
heads based their action. The tech
nical considerations had been called
to the attention of the Commissioners
by special committee of District off,
cials, which had Investigated the
plans and previously had recon-
mended issuance of the permits pro-
yiding certain conditions were met.
Seal Presents Answer.
Corporation Counsel Elwood H. Seal
presented the amended answer person.
ally to Justice Cox. At the request of
W. Gwynn Gardiner and D. Edward
Clarke, attorneys for the Gobel Co.,
the judge gave them two weeks in
which to study the new answer and to
decide what action they will take.
Gardiner said that at the end of the
two weeks he and his associate may
decide to stand on their demurrer, or
may withdraw the demurrer and ask
leave to file an amended petition or
some other pleading.
This amended answer will set out
the newly developed grounds that
prompted the action of Commission
ers in rejecting the permit application.
In refusing to issue the permit, how
ever, the Commissioners did not have
the uniform support of the people of
Washington, two citizens associations
and the Central Labor Union having
gone on record last night as favoring
the construction of the new slaughter
house.
Kenilworth Resolution.
Calling special meeting, the Kenil-
worth Citizens Association criticized
the Commissioners action. William
Webb, president, said: 1--WE, in this
section. feel that erection of a modern
packing plant would be an asset not
only to this locality, but to the entire
city"
c. p. Pearson, representing the
Gobel Co., tol dthe association there
would be no offensive odors from a
modern plant He said construction
alone would cost 100000 and give
employment to from IS to $50 men.
When in operation, he added, the
plant would employ frcm 800 to 400
persons regularly.
The Lincoln Park Association adopt
ed a resolution urging immediate con-
struction of the plant despite the ac-
ton Of the Commissioners. Their ac-
ton followed similar statements as to
the elimination Of odors and the en-
ployment of several hundred persons.
This association also cited the addi-
tional point that the District govern
ment would receive substantial taxes
from the plant.
Copy to Roosevelt.
Copies Of the resolution will be sent
to President Roosevelt, Secretary
Ickes, the Fine Arts Commission. the
Park and Planning Commission, the
District Commissioners and the Board
Of Trade.
The Central Labor Union instructed
Its Executive Committee to 20 before
the Commissioners today and urge
that the permit be granted as soon
as the plans have been changed &c
conform to the building regulations.
The union also advanced the argument
that 200 or 800 men would be employed
at the plant.
In their preparation for the forth
coming court battle, the Commissioners
will have the support of the Public
Works Administration
Foundation Permit Granted.
The Gobel Co. brought suit for
q writ of mandamus to compel the
Commissioners to permit them to re-
build the slaughter house plant at
Benning road and Kenilworth avenue.
Their main contention was based on
the ground, apparently, that a pre-
liminary permit for foundations had
been issued from the District Building.
This was done without knowledge,
however, of the Commissioners.
BY rejecting the building permit
yesterday, the Commissioners brought
legal issues to head. Before then,
1t was their contention that the
Gobel action was premature, since the
permit had not been refused but SIM
ply referred to committee of District
ofncials for examination. After the
situation had changed to one of direct
action, 1t was necessary for the Com
missioners to file an amended answer.
Technical Reasons Given.
This answer was based on the six
technical reasons advanced by the
Commissioners yesterday in the order
denying the permit. Those reasons
are independent Of the so-called pub
lio nuisance" charge brought against
the slaughter house firm by prominent
Federal officials.
1t Is probable that the Public
Works Administration may be called
upon to fight the Gobel Co. later on
the nuisance" issue.
Secretary Ickes and officials Of the
Park and Planning Commission. as
well as President Roosevelt, are keenly
interested in the next developments of
the controversy.
The National Parks Service, under
Ickes, has invested heavily in park
in the Benning and Ana
costa area. Secretary of Agriculture
Wallace also is concerned in the out
come, because Of the nearness of the
National Arboretum, which will be one
Of the most beautiful reservations In
Washington.
! The Housing Division Of Public
Works also h involved because Of the
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