Evening star., 1938-01-09
SLAUGHTER HOUSE
ACT|0NMAYDEF|NE
D. c. HEADS POWER
Commissioners Prepared to
Justify Permit Decision
If Taken to Court.
CESSATION OF WORK
HELD AIDING POSITION
Construction Under Original
Building Grant Not Continu.
Gus, Is Ground for Policy.

The question of whether the Com
missioners exceeded their discretion
ary authority under vital section
OF the District building code may be
contested in court for the first time.
1t was said yesterday, as a result of
the invalidated slaughter house permit
of Adolph Gobel, Inc.
Having decided to abide by a legal
opinion of Corporation Counsel Elwood
H. Seal holding that the Gobel permit
has expired, the Commissioners said
they are prepared to defend their
action in the courts, if necessary.
Commissioner Hazen, who requested
the ruling, said the board has "a
better case now in refusing a new
permit than it had before" He had
reference to former suit under which
the Commissioners finally were COM
PEELED to issue the company a building
permit on April 27 last.
Although the Gobel company
started work on its Benning site be-
fore the expiration of six months. the
building inspector reported there had
been no continuous operations" ex-
cept for very brief period and none
at all since September Z, four months
ago. This cessation of work, accord
ing to Mr.. Hazen and Col. Dan 1.
sultan. Engineer Commissioner, is
sufficient ground for them to stand by
the corporation counsel's opinion.
Disputed Section Held Clear"
The section in dispute is clear
enough" Mr.. Hazen said. It reads:
Permits shall be valid and in force
Tor a period not exceeding six months,
except that such buildings started
within this time and continuously
under construction for more than six
months may proceed to completion
within a reasonable time under au-
thority of the original permit"
because construction proceeded for
a period OF only few weeks after it
was started within the time limit.
the Commissioners hold they are
clearly within their rights to recoe-
nize the permit as no longer existing.
the Gobel company, on the other hand,
no doubt will contend the six months.
period under which; continuous con-
struction" is determined in the Com
n1issioners' discretion, should begin
with the date when operations ceased,
or from September 7.
The Gobel company. having an
nounced that it proposed to restrain"
the Commissioners, is expected first
to apply for a new permit or resume
construction on the site as a test.
Either one of these two courses, Mr..
Hazen said, would be opposed.
This is not the first time that a
building permit has been held to
have expired" or been Cancelled
under the section of the code, it was
said at the District Building, but 1t
Is the first time the Commissioners
have so acted or that a suit has been
threatened.
Officials Not Designated.
In the ordinary course Building
Inspector John W. Oehmann has
withdrawn permits when builders have
failed to meet the requirements. The
section involved in the present con-
troversy does not designate the Official
who shall void permit but has been
interpreted as meaning the building
inspector.
The Commissioners have the right,
Of course, to exercise the authority
themselves and apparently have done
20 for the first time in the case of the
Gobel Co.
Some time ago as a result Of the
former suit over, the Gobel ..ermit,
the Commissioners notified the build
ing inspectors office that no other
permit shall be issued the company
without their sanction. In that way
they have assumed full responsible
ties for whatever action may follow
next.
D. Edward Clarke, attorney for the
firm of packers, was attending a
hunt chase in Maryland over the
week end. It was understood that
Frank M. Frior, president of the firm,
Is coming here tomorrow from New
York to confer with him.
The company may take definite
steps to resist the Commissioners this
week.