Evening star. [volume] (Washington, D.C.) 1854-1972, 1938-01-08
FIRM CHALLENGES.
DEATH DECREEF
SLAUGHTER HOUSE
GobeI Counsel Threatens
Legal Action for "Revok-
ing" of Permit.
SEAL RULES COMPANY
HAS FORFEITED RIGHTS
Holds Firm Failed to Continue
Work-Hazen Contends Mat.
ter Is Ended.

A sharp legal battle threatened to-
day over the right Of the District
Commissioners to invalidate the build
ing permit issued eight months ago
under compulsion to Adolf Gobel, Inc.
New York packers, for erection Of a
slaughter house at Benning road and
Kenilworth avenue NE.
Commissioner Melvin c. Hazen ap-
peared undisturbed by the threat
which came from D. Edward Clarke,
local attorney for the firm.
Advised by Corporation Counsel Ell
wood H. Seal that the Gobel permit
has expired" in accordance with the
building code, Mr.. Hazen said the
Commissioners have accepted the rul-
ing and will abide by it.
II the permit has expired because
there has been no continuous work on
the construction site since September
7. as the corporation counsel advises,
that ends the matter" Mr.. Hazen said.
There IS no need for action on the
part OF the board except possibly, as
a matter Of courtesy, to send the COM
pany a formal notification that its
permit is dead"
Firms President Informed.
When informed of the opinion rem
dered yesterday, Mr.. Clarke telephoned
Frank M. Firor Of New York, presi-
dent OF the firm of packers.
He then issued the following state
ment: If an attempt is made by the
District Commissioners to revoke the
permit which the Adolf Gobel Co. now
has, to complete its building, appro-
PIRATE legal action will Immediately
follow to restrain the Commissioners
from such illegal action"
Mr.. Clarke went on to say that the
company would feel bound to take this
course" as considerable money has
been spent since obtaining the per-
nit" He explained that the cessa-
ton of operations had occurred at
the site "as the result of certain nego-
tiations," adding that it had been the
companys intention to resume OPERA
lions as soon as those negotiations
are concluded"
He offered no explanation Of the
negotiations.
Later Commissioner HAGEN claimed
there was no question of "revoking"
the Gobel permit, since it has expired.
The company has no one TO blame
but itself for disseminating the work"
he said. IF 1t resumes construction
we will simply order operations stopped
for the reason the company no longer
has permit"
Commissioners Hold Permit Power.
Under existing regulations, no new,
permit can be issued without the sane
ton Of the Commissioners.
If the Gobel company resorts to a
mandamus action, it will not be the
first time. A year ago it filed a man
damus action against the Commits
sioners and In the settlement of a
$50, 900 damage suit against each Com
missioner, q permit finally was issued
April ~ last. This was not done, how
ever, until the Gobel company had met
more rigid building requirements for
a permit.
Another development today was a
proposed amendment to the Collins,
bill in the House which would en-.
power the Commissioners to charge
concerns for treating an excess of.
100000 gallons of industrial sewage
in any one wear.
The Commissioners, it was learned.
had forwarded to Chairman Palmisano.
Of the District Committee an amend,
ment imposing a fine of $50 per day.
as long as any violation continues.
Like the Inflated coming bill, by which
the Commissioners sought to elimi-
nate so-carled nuisance industries"
from operating in the District, the
Collins bill has remained pigeonholed
In the House Committee.
The latter bill was designed to pro-
tect the new 100000 sewage dis
posal plant from being overloaded by
industrial waste.