Evening star., 1947-10-17

to allow the Home Builders to use
the drill hall, the city heads said, in
their letter to Gen. Cox, approval
would have been in order If it was
intended as an application for an
occupancy permit. it was unneces-
sary, since the District does not issue
such permits to itself for buildings
it owns.
The occupancy Agreement" is
signed by John c. MAYHEM, jr., 26-
year-old telephone lineman and a
staff sergeant in the National Guard
on behalf of the Headquarters De-
tachment Association, of which he
is president. Each unit of the Guard
has, or will have, similar benefit
organization. There are only IL
members of the group Mr.. Mayhem
! heads.
The agreement tells of the deal
between the home builders and the
Headquarters Detachment Associa-
ton for leasing the drill hall. 1t
states that the arrangement was
made with the authority and con-
sent of Gen. Cox, whose approving
signature also appears Oh the docu-
ment.
J Characterized As Illegal.
The Commissioners In their ulti-
matum to Gen. Cox concluded:
! This purported occupancy agree
ment, in the opinion of the Com
nlSl0nnrS nf tho Dicfy,iot Nf
bia, Is completely illegal insofar as
a private organization undertakes to
lease government property and to
collect for itself the rental there
from. It is fundamental that gov
ernment-owned property may be dis
posed. of by sale or lease only by
the government itself, acting
through lawfully authorized officials.
obviously, Headquarters Detach-
ment Association, District of Co.
lumbia National Guard is not the
government nor is John c. May
hew, jr., duly authorized officer of
the government for the purpose of
leasing government property. This
District of Columbia Armory, as the
Board of Commissioners have often
pointed out to you: is the property
of the government OF the District of
Columbia, and it may be used only
/ with the permission of the District
Of Columbia government, acting
through Its legally authorized offi-
cials-the Board of Commissioners
and all rentals and other considera-
tion for its use are the property of
the government of the District of
Columbia.
Demands Sums Paid In.
you are, therefore, advised that
the District Of Columbia government,
as owner of the District of Columbia
Armory, demands delivery to it of all
sums received by any person or
organization in anywise connected
with, or purporting to act for, the
District of Columbia National Guard,
from any person or organization
for the use of the Armory.
I'm this connection your atten-
ton is directed to an opinion of
the acting controller general of the
United States, rendered to the Post
master General of the United States
on August 4, 1947 (B-6739O, copy
Of which is attached hereto
'You are further advised that,
Notwithstanding approval by the
Commissioners for use of the Ar
mory by the Home Builders Asso-
citation, from October IL to 10, 1947,
the District of Columbia is in no
wise deviating from the position
heretofore made known to you and
expressed above, and at an appropri-
ate time the District of Colum-
bia will take such action as it is
advised to recover these District of
Columbia revenues, which appear to
be diverted to a private organiza-
ton, and to recover such other COM
pensation as the District of Colum-
bia may be entitled to receive as
a result of the use of the Armory
by the Home Builders Association. "
Mr.. Mayhem, who lives at 703
WeScott street, Falls Church, Va,
could not be reached last night for
comment on the Commissioners
stand on the matter.
Gen. Cox, however, had said be-
fore receiving the Commissioners
letter that he did not intend to
change his position.
Congress, if it were in session
at this time, might have been able
to take hand in the struggle for
control Of the vast drill hall. On
the last day Of the last session of
Congress. the Commissioners sent a
bill to both Senate and House in