Evening star., 1944-12-06
Ban on New Apartment
Is 5he|ved by Senate
Unit for This Session
By DON s. WARREN


the Senate District Committee today
voted, 8 to 6-counting seven proxies
from absent members-to pigeon
hole for this Congress, at least, the
ouse-approved bill to ban the pro-
iected construction of an apartment
house at Sixteenth and Shepherd
streets NV.
In contrast to yesterdays three
hour heated argument, however, the
committee session ended with smiles
instead of glares, for a formal move
was begun to compromise the battle
between residents of Crestwood and
the prospective builder and agents
OF the Machen estate, who have con-
tracted to sell the builder the site
At the request of Chairman Bilbo.
Senator Tydings, Democrat, of
Maryland, who had won his fight
to block passage of the zoning bill,
agreed to serve as one-man COM
mittee to promote compromise
settlement
"Thankless" Task.
II don't promise anything" said
Senator Tydings, but the commit
tee has decided to defer action on
the present legisla ton in the pres
ent Congress, with the hope that
between now and the meeting of
the new Congress the parties to the
controversy may be able to elm
mate as far as possible any points
Of controversy"
70 -
and rather thankless one" and he
pleaded for reasonableness and toll
erance from both sides. He asked
that c. w. Maudlin, aided by H
Winship Wheatley as counsel. serve
as spokesmen for Crestwood citizens.
On the other side will be the pros
pective builder, Harry Poretesy, and
his counsel, Louis Gutenberg.
Senator Bilbo said he thought the
best solution would be for the Dis
trict to acquire the site as park or
playground area. Even if it costs
$4,000 to 100000 he said he be-
lieved it would be a good invest
ment."
Yesterday Senator Tydings also
suggested the site be bought for park
purposes.
Proxies Switched.
There was some overnight switch
ing of proxies in the Tydings- -Bilbo
tests of strength in the committee.
Today, on a motion to table the bill,
Senator Tydings was supported by
Senators Walsh, Democrat, of New
Jersey; Jenner, Republican, of In
diana, and Weeks, Republican, of
Massachusetts,, who were present,
and by the proxies of Senators
Reynolds, Democrat, of North Caro-
line; Clark, Democrat, of Idaho:
ODaniel. Democrat, of Texas, and
Bridges. Republican, of New Hamp-
shire.
Chairman Bilbo was supported in
his effort to report the bill favorably
by Senators Capper, Republican, of
Kansas and Bushfield, Republican,
of South Dakota. who were present,
and by proxies from Senators Nc
Carran, Democrat. of Nevada Bur-
ton, Republican, of Ohio, and Buck,
Republican, of Delaware.
Just how we voted now is not
important" said Senator Bilbo,
since we are going to try to work
out a compromise.
The debate brought out that, from
the beginning of zoning in the Dis
trict, the Sixteenth street frontage
of the site had been classified to
permit erection of an apartment
house, and that between 1888 and
l94l the whole tract in question
was zoned for apartments.
However, in 1941, the Zoning Com
mission changed the zoning to ban
apartments, at the instance of citi-
zens in Crestwood. 1t was argued
that this was done after Harry
Porotsky had contracted to buy the
site from the Machen estate, paying
out some $4,000 for partial payment
for the site and for plans.
The case then was appealed to
District Court, which ruled that the
commissions action was arbitrary
and capricious, and the issue was
carried on to the United States
Court of Appeals and the United
States Supreme Court, only to be
sent back to District Court for fur
ther hearing.