Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-12-18
|CKES AND P. WA.
BACK D. c. HEADS
IN G0BEL SUIT
Cabinet Member Declares
He Has Not Changed
Opinion on Abattoir.
LEGAL AIDES OFFER
TO ASSIST DEFENSE
Company Asks $4,000 Damages
in Withholding of Permit
to Rebuild Plant.

The Commissioners today were as
sured the unqualified support of Sec
rotary Ickes in contesting the $4,000
damage suit filed yesterday by Adolph
Gobel, Inc, in connection with the
withholding by the District officials Of
a permit for rebuilding an abattoir on
Benning road northeast.
Ickes, who has vigorously opposed
construction of the abattoir, said:
IAN abattoir on the site in question
is not in the public interest. Suit or
no suit, my opinion has not changed"
Although the Interior Secretary was
not named a defendant in the case.
legal aides in the Public Works Adj
ministration have offered to assist in
defending the suit.
Hands Strengthened.
Widespread civic protests against
the proposed abattoir has strength
ened the hands of the Commission
ers in refusing the permits, which
were the subject of an investigation
by a special committee which set
out six technical requirements al
legedly not met by the plans for
the plant.
In its suit. the meat-packing con-
Germ stated that, changes have been
made to comply with these added
requirements, but still the needed
building authorizations have not been
forthcoming. The plaintiff asked the
court to order the Commissioners and
Building Inspector John w. Och
mann to grant the building permits.
and to order Wade H. Coombs, su-
perintendent of licenses, and DR..
George C. Rutland. District health
officer. to grant a license for opera
ton of the plant.
Second Suit in Case.
Damages were sought only against
the Commissioners, who were sued in
dividually and as the official gov
erning board Of the city.
Corporation Counsel Elwood Seal
said the suit was "groundless
The Gobel concern" he added, sis
not entitled to a permit until all
building and plumbing regulations have
been complied with. Thus far, these
regulations have not been complied
with and the Commissioners. therefore,
are not liable for damages"
The Commissioners, it was said, plan
to contest the suit vigorously, and
will have their answer ready for filing
within the statutory period Of 20 days.
Another suit already was pending
when yesterdays action was filed.
The first proceedings. begun October
10. were for a writ of mandamus
against the Commissioners to compel
them to allow the building permits.
In figuring the amount of damages,
the company said it already has lost
more than 100000 in profits it would
have made by the current seasons
operations; that it is paying salaries
and receiving little or no services in
return, and that it has contracts for
the purchase of building supplies
which 1t has not been able to use.
Cite Long Operation.
Pointing out that the Benning road
property was used as an abattoir from
1887 to 1884, the company declared
that the Commissioners cannot le-
gally refuse the desired permits.
Unless the court grants it relief,
the Gobel Co. asserted. its property
and large investment therein will be-
come practically a total loss to it."
At the time it acquired the abat-
toir. the property was appraised at
s1,l00.000. the complainant asserted.
Pointing out that it already has
obtained the approval of the Bureau
of Animal Industry of the Agriculture
Department, and intends to operate
under Federal supervision, the COM
pany said that there are at least
eight abattoirs now operating in the
heart of the District which do not
advertise their products as Govern
ment Inspected"
The suit was filed through Attor-
neys w. Gwynn Gardiner and D. Ed
ward Clarke of Washington and
Henry A. Ingraham of New York City.