Evening star., 1947-10-24
C,oxAwaitsD.C.
Move on Refusal
ToGiveUp Rents
Commissioners Back
4,825 Limit Set on
Armory Occupancy

The muddled dispute between
Brig. Gen. Albert L. Cox and the
Commissioners stood at a complete
stalemate today, after the Guard
commander bluntly refused the city
heads demand that he hand over
funds collected for rental Of the
huge District National Guard Ar
mory drill hall.
Gen. Cox said he would be glad
to confer further with the Commis-
sioners but that "the next step" is
up to them. The Commissioners re-
fused to comment.
The next step" probably will be
a District Court suit, threatened by
the Commissioners to give them
legal control over the building.
They have held up the suit, awaiting
Gen. Cox's reply to their demand.
Meanwhile, a legal decision, Off
cials agreed, would be lengthy
process-of little relief to the many
potential rentors of the drill hall
who want to know with whom they
should deal.
Papers Prepared.
Chester H. Gray, assistant cor
poration counsel, said he has pre-
pared papers in the case but that
he will study Gen. Cox's reply and
Interpretation of his lawful rights
before suit is filed.
Renewing by correspondence the
debate on the lawful capacity of the
drill hall, the Commissioners in a
letter to Gen. Cox today sustained
for the second time District build
ing inspectors ruling that not more
than 1925 persons may occupy the
hall at one time.
In letter to the city heads earlier
this month, Gen. Cox asked "how
such a mistake could have been made
in a hall planned to handle $4,000
persons?"
The Commissioners said they "are
not aware that any mistake was
madel'
Cox Checking on Code.
The Commissioners reiterated
their contentious that the armory
belongs to the District and that
large audiences would bring more
revenue to the city. But they could
not change the building code land
risk the possibility of major trag-
edy if the structure became over
crowded and panic occurred" the
letter asserted.
Gen. Cox said, however, he is try
ing to find out whether the present
building code is too stringent" That
possibility, he added, is the only So
luton he can see to the problem.
AS it now stands, the limitation
definitely will rule out double
header basketball games scheduled
at the hall this winter by George
town and George Washington Uni
versity, Gen. Cox stated. Other &C
tivities will be contracted for as
planned, he said.
Denies Renting Is Illegal.
Gen. Cox, in letter to the Com
missioners today, denied they have
right ito any or all of the revenue
received by units of the District Ma
tional Guard under provisions of
organic acts relating to the District
of Columbia National Guard"
Gen. Cox also denied that any
action taken by officers of the Guard
or of Guard units in renting the hall
ARE in any sense illegal"
The Commissioners contended
that negotiation of contracts by the
Headquarters Detachment Associa-
ton was unlawful. The group is
composed of enlisted men, organized
to sponsor" outside activities at the
Armory.
Spending Deferred, Cox Says.
Gen. Cox told a reporter no funds
collected by the association will be
spent until after an agreement is
reached with the Commissioners.
In the letter, however, he said the
funds will be used ito provide the
many necessary facilities of which
the Armory now is entirely devoid u
After such facilities are provided
he said, revenues from Armory
activities will, to great extent.
be USED toward the maintenance or
the Armory-thereby reducing the
appropriations required"
Earlier, Gen. Cox declared the
funds would be used to purchase
athletic equipment for enlisted men
of the Guard.
Incloses Statement.
Accompanying the letter, Gen. Cox
sent six-page statement of his in
depreciation of his legal rights. They
referred to laws, the Constitution,
court rulings, decisions of the At
torney General, Guard regulations
and congressional testimony.
THE present law places full au-
thority and control of the Ar
mory in the District of Columbia
militia" the letter declared ANY
change in such authority and con-
troll will have to be by Congressional
action :"
Gen. Cox said the Commissioners
apparently realized" this when
they introduced a bill in Congress
last July to get control of the struc-
ture.
The letter contended only the