Evening star., 1938-01-09
A Needed Showdown.

probability face another legal suit
growing out of the year-old fight Of the
Adolf Gobel Company to Rebuild slaugh-
ter house at the Benning gateway to
the city In the face Of widespread
opposition from civic as well as official
sources. 1t is just as well for all con-
oerned that final showdown in this
annoying controversy should come now
as any other time.
The new issue was joined when Cor
poration Counsel Elwood H. Seal held
in an opinion submitted to the Com
missioners that the Gobel building
permit-issued under compulsion eight
months ago-has automatically expired.
He based his reasoning on provision
Of the building code and a report from
the building inspector showing there
have been no building operations, Con-
tinuous" or otherwise, at the site since
September Z.
The Commissioners were reported as
having accepted the opinion as being
based on sound legal grounds and
through Chairman Melvin c. Hazen
announced that the permit having ex-
pired, they will resist any effort on
the part of the Gobel Company to resume
operations. This statement was made
after the company's attorney had warned
that If its permit is revoked "appropri-
ate" legal measures will follow immedi-
ately Ito restrain the Commissioners
from such illegal action"
The Commissioners in taking this de-
termined action merit congratulations
The issue appears to be clearly drawn.
No doubt a large proportion Of the
public Of Washington, as evidenced by
repeated expressions, is squarely behind
them in thus invoking the regulations to
prevent an undesired nuisance industry
from being foisted on the city.
The disputed section Of the building
code says: Permits shall be valid and
in force for a period not exceeding six
months, except that buildings started
within this time and continuously under
construction may proceed to compile
ton within a reasonable time under
the authority of the original permit"
The real issue at stake is not so much
the permit of the Gobel Company as it is
a threatened assault on this whole Sec
ton of the building code. A decision
upholding the right Of the Commission
ers to refuse permit under reasonable
conditions, such as evidently apply to
the pending issue, undoubtedly would
serve to strengthen existing zoning
regulations. Without the right to exer-
else some reasonable measure of control
the Commissioners would be even more
handicapped than they are now in pro-
tecting the orderly growth and de-
velopment of the Federal City. A per-
NIT to build, 1t would seem, is plainly
forfeited by failure to build within
the time specified in that permit.
There has never been time since the
company was given permit on April
~ last that the company could not go
ahead at It's own risk and complete the
slaughter house. BY pigeonholing pro-
posed restrictive legislation, two COM
mittees in Congress virtually gave the
company right to go ahead-at its
own risk. For reasons of its own, the
Gobel Company failed to exercise this
right in a proper manner to meet the
requirements of the building code. The
Commissioners, it seems, have exercised
considerable patience on their own part.
From May until mid-August no work
at all was done on the site. When all
work ceased after September Z the
Commissioners waited q full four.
months before holding the permit for
feited. In this they acted with COM
mendable restraint and In accord with
what many believe to be the best in
terests Of the District.