Evening Star Newspaper, March 30, 1929, Page 18

io .- 18 oty REATL 1S HELD UNLAWFL Real Estate Board Outlines “Nuisances” as Covered by U. S. Statutes. Puppies that howl in the stillness of the night sre neighborhood nuisances and the noise they make is unlawful, the National Association of Real Estate Boards says in its weekly lesson for property owners. The law sees to it that the home owner can live in peace and the statutes act to protect him from polluted air, noise, danger, and even from headaches, says the association. “Dogs that bark and destroy the noc- turnal rest of people in adjacent houses are nuisances, under the law, but chick- ens that cluck in the customary manner are not nuisances, say some court de- cisions. No statement is made as to what kind of a noise a chicken wou'd have to make to render its presence in a neighborhoed unlawful, but as long as it conducts itself in the ‘customary’ manner the neighbors cannot complain. Smoke Also Is Nuisance. “A lawful business is not a nuisance in itself, but it may be carried on so as to become a puisance; for example, blasting in a quarry that renders an adjacent dwelling unsafe and starts ex- tensive cracks in its walls may make the operating company liable for dam- | ages. “Hospitals so operated as to disturb and undermine the health of those liv- ing near, and smoke from nearby buildings that give them headaches are nuisances and can be removed. 3 | figure represents an increase over the BESTATE - 0= Expenditure of a total of $1484,400 for private building operations in the District is called for under building per- mits issued this week by Col. John W. Oehmann, building inspector., ~ This volume of work approved during the preceding week and is one of the high weekly totals thus far this year. Plans were included in the new list of approved projects for the construc- tion ot the eight-story residential hotel to be erected at 17 E street by Bellevue, Inc, which was announced some time ago in The Star. The building, as de- signed by Pierson & Wilson, would be of brick and concrete construction, has an estimated cost of $650.000, Permit was issued this week also for the 11-story brick and tile apartment to be erected for A. Joseph Howar at 2115 Pennsylvania avenue, from plans by David L. Stern, at a cost estimated at $400,000. T. A. Jameson Co. obtained approval of plans for the construction of 16 two- story dwellings for the 400 block of Jef- ferson street, having a total cost of about $80,000. Permits were issued as follows: New Hotel Planned. Bellevue, Inc., owners; Pierson & Wilson, architects; R. P. Whitty Co., Inc., builders: to erect one 8-story brick and concrete hotel, 17 E street (lots 163 to 167, 839 and 801, square 628), to cost $650,000. A. Joseph Howar, owner and builder; David L. Stern, architect; to erect one 11-story brick and tile apartment, 2115 “All property is owned and used sub- ject to the laws of the land, and, within the limits prescribed by law to promote public welfare and protect public and private rights, its owner may do with | it what he wishes; but all rights of in- dividuals must give way to considera- tions of public health, safety and com- | fort. And all legislation covering nui- | sances is an exercise of the police power of the State which is the most compre- hensive of all governmental powers, and which is used to enact laws necessary to the public welfare. Nuisances Classified. “This power may not be used to in- vade constitutional rights but it is with- out limits except those prescribed by the Constitution; and this power covers the regulation of the use of private property and the personal conduct of individuals. “A nuisance exists when there is conducted an unlawful business or when a lawful business is conducted in an unlawful manner. The law also distin- guishes between a public and private nuisance on the basis that a public nuisance injures all persons who come within the sphere of its operation, though not necessarily each of them to the same extent; while a private nui- sance affects only one or a few indi- viduals “The jurisdiction of the courts over both public and private nuisances rests upon the same principles and goes to the same extent. A public nuisance | may be abated only by the action of the public authorities and ordinarily is beyond the reach of private litigants. In order to give a private individual a right of action to suppress a public nui- sance, he must suffer by it special and peculiar injury differing from that com- mon to all the public, not in degree merely but in kind. An individual can | | 34, square 1088), to cost $30,000. maintain a suit for damages resulting from a nui i of his own has been nce only when some right | Pennsylvania avenue (lots 803, 804 and 12, square 74), to cost $400,000. . A. Jameson Co., owners and build- ers; George T. Santmyers, architect; to erect 16 2-story brick dwellings, 415 to 445 Jefferson street (lots 11 to 26, square 3259), to cost $80,000. Mount Vernon_ Seminary, owners; ‘Weslay Sherwood Bissell, designer; Wil- liam P. Lipscomb Co., builders; to erect one 1-story brick field house, 4101 Quebec street (parcel 22/17, square 1720), to cost $45,000. Mount Vernon Seminary, owners: Weslay Sherwood Bissell, designer;’ Wil- liam P. Lipscomb Co., builders; to erect one l-story frame gymnasium, 4121 Quebec street (parcel 22,17, square 19200), to cost $20,000. H. R. Howenstein, owner and builder; L. T. Williams, designer; to erect eight 2-story brick dwellings, 701 to 715 Seventeenth street (lots 49 to 56, square | 1092), to cost $36,000. | To Erect Dwelling. Edson W. Briggs Co., owners; Clar- | ence R. Harding, architect; William P. | Lipscomb Co.. builder; to erect one 2- stocy orick dwelling, 1815 East Beach drive (lot 8, square 2756), to cost | $32.500. C. H. Gaskins. owner, designer and builder: to erect two 2-story brick dwellings, 620 and 624 Oglethorpe street (lots 107 and 108, square 3203), to cost $16,000. Young Enterprisers, owners and build- ers; George T. Santmyers, architect; to erect four 2-story brick dwellings, 258 to 264 Sixteenth street (lots 31 to Joseph P. Maher, owner; L. E. Allison, designer; J. E. Fox, builder; to erect one 2-story brick, tile and stone dwelling, 1601 Juniper street (lot 1, square -2745-D), to cost $26,000. Cooley Brothers, owners and build- ers; George T. Santmyers, architect; to erect flve 2-story brick and tile dwell- ings, 2226 to 2234 Thirty-eighth street ‘jone 1-story frame dwelling, Expenditure of $1,484,000 for Private Op- erations Involved—Increase Shown : Over preceding Week. (lots 730 to 734, square 1031), to cost 8. M. Williams, owner; J. F. Mills, designer; C. W. Willlams, bullder; to erect four 2-story brick dwellings, 5110 to 5116 Kansas avenue (lots 17 to 80, square 3256), to cost $24,000. L. E. Breuninger & Sons, owners and builders; H. L. Breuninger, architect; to erect two 2-story brick and stusco dwellings, 1352 and 1360 Iris street (lots 34 and 32, square W-2774), to cost $24,000. Store Permit Issued. Isaac Goldenberg, owner; Marcus Hallett, architect; V. E. Burner, build- er; to erect one 1-story brick store building, 714 K street (lot 805, square 427), to cost $6,600. S.'E. Pfau, owner; R. Briscoe, design- | $1 er; Ben Lightbown, builder; to erect one 2-storv stucco dwelling, 2807 Rhode Island avenue, northeast (lot 47, square 4310). to_cost $5,000. Carl F. Schoening, owner; J. W. Piper. designer; Woodward & Vieth, builders; to erect one 2-story frame dwelling, 2400 Perry street northeast (lot 8, square 4296), to cost $6,500. B. F. Edwards, owner and designer; J. D. Burn, builder; to erect one 2-story frame dwelling. 1524 Evarts street northeast (lots 8 and 9, square 4128), to cost $6,950. George T. Curtis, owner; 8. E) Sny- der, designer and builder; to erect one 1-story brick and concrete public ga- rage, 1433 R street southeast (lots 111 and 112, square 5604), to cost $8,000. Willlam K. and Mabel C. Harman, owners: William K. Harman, designer and bullder: to erect one 1-story brick dwelling, 415 Quackenbos street (lots 6 and 7, square 3267), to cost $4,750. Sarah E. Sonnemann, owner; F. Son- nemann, designer and builder; to erect FROM ACTUAL PHOTO. A NEW HOME 4420 QUE. ¢ (Northwest.) Price, $15,500 BOSS & PHELPS Drive West on Que St. Reservoir Road, West to Village. NOT SNOBBISH- CAREFUL! JUST VER so often we have to “turn down” Did you smile skeptically? a sale at Tilden Gardens. Perhaps that may seem an exaggeration at first thought, but there’s a sound, even purely selfish, reason for it, as you will see. The entire “atmosphere” of any such project as Tilden Gardens depends on the careful serutiny and investigation of every prospective purchaser, and the ’ enforcement of rigid requirements of social fitnessand financial responsibility. Snobbishness? Not at all. Just a wholesome respect and regard for the feelings of other owner-occupants, and a firm determination to protect their and our investment. Naturally there is no social con- tact implied or even necessary among the owner-residents of Tilden Gardens, any more than there community apartment is in any other of homes, or otherwise. But people do like to live among their own sort. In Tilden Gardens a standard has been set and maintained that will prove adecided attraction and advantage Wést Entrance to Tildén Gardens for those to whom all that the word implies. to Wisconsin Ave.. “home” , 8806 (lots 39 and 40, square 4241); to cost $5,000. M , owner, designe and builder; to erect one 1-story brick store, 1348 Florida avenue northeast (lot 116, square 4068); to cost $6,000. To Build Garage. Nick Natoll, owner and builder; W. B. Honey, architect; to erect brick adi- dition and erect one brick private ga- rage, 1356 Florida avenue northeast (lot 144, square 4068); to cost $4,000. Robert Bowdler & Sons, owners; Louis Bowdler, designer and builder; to erect one 1-story concrete block store, 1723 Benning road northeast (part lot 28, square 4511); to cost $3,200. Retta Dillard Howard, owner; Wil- llam H. Jackson, designer and builder; to erect one 2-story brick dwelling, 329 Sixtieth street northeast (lot 22, square M%fl): to_cost $3,000. ,675. William Elliott, owner; J. H. Colller, designer and builder; to make repairs, 3212 Macomb street (lot 21, square 2087); to cost $1,800. Fulton R. Gordon, owner and builder; to make repairs, 4420 Forty-ninth street (lot 43, square 1484); to cost $1,000. The Hecht Co., owners; N, F. Baes- sell, builder; to make repairs, 619 E m;%:) (lot 803, square 456); to cost R. V. Cooper, owner; J. A. Cook, builder; to erect porch, 2210 Nichols avenue southeast (lot 7, square 5791); to cost $800. H. C. Wood, owner; Marcus Hallett, architect; L. O. Beek, builder; to erect one 2-story concrete block addition, 1440 T street southeast (lots §7 and 58, square 5605); to cost $600. . EXHIBIT NEW HOMES. Special Dispatch to The Star. BALTIMORE, March 30.—When the Better Homes and Bullding Exposition opens at the 5th Regiment Armory next Saturday visitors will have an op- ggmmlty o see the latest designs in | me construction and furnishings. The_exposition this year will the sixth held under auspices of the Real Estate Board of Baltimore. Everything from plans for a four-room bungalow to that of a mansion will be displayed. AMERICA'S R COLONY e ERGTIoT GROUP HOMES, FOXHALL VILLAGE Seven Minutes From Dupont Clrcre. o A VILLAGE IN THE CITY A PRE] . RMINED eI ol 3 Bedrooms and Bath to 6 Bedrooms and 3 Baths. Both sympathy and ingenuity are needed to enable the developer of communities to modernize the old without destroying the charm and loveliness of age; to preserve the romance that persistently clings to things of the past. How well this has been done in modern building is a matter of pride to the owners and developers of Foxhall Village. Peo- ple of aesthetic natures have found their ideals fulfilled in this trans- lated English Village, and there they have made their homes. PRICES RANGE $10,500 AND UPWARD. OPEN DAILY FOR INSI ON. 1417 K BT. jortie One Bquare to Moke Le! d Turn at 44th St. means Even in this day of huge transactions, three million dollars is a tidy sum for any real estate development. That’s our stake at Tilden Gardens. Building, selling and managing co-operative apart- ment homes is our lifework. Gardens is for us a milestone. Tilden We look’ forward to other developments of the future. pend on our past record. The success of these will de- Our notion of keeping faith with the public to de- serve further success is to make and keep every purchaser of a Warren-built co-operative apartment home a satisfied and highly pleased owner. When you visit Tilden Gardens this week (and you are urged not to delay your inspection while every style, size and ar- rangement of apartment is available) be sure to ask to see the list of present owner - residents of Tilden - Gardens, and those of any of the other fourteen co - operative apartment-buildings (some 370 homes) built, sold and managed by you soon? Warren. May we welcome TILDEN CARDENS Distinctive Development of M. and R. B. Warren Connecticut Avenue at Tilden Street —Just south of the Bureau of Standards — Phone Cleveland 6084 ‘An interesting booklet explaining Co-operative Apartment Home ‘Ownership will be mailed on request. ILONDONDERRY FARM SOLD TO HOSKINSON 895-Acre Tract and Improvements Reported Purchased for $60,000. The Londonderry farm, located on the Frederick pike at Hendersons Corner, about four miles above Gaithers- burg, in Montgomery County, Md., has been sold for the Henderson estate, to Harry Hoskinson, vice president Sani- tary Grocery Co. This property contains 395 acres and Is on both sides of the pike at this point. The land is in a high state of cultivation and there is a residence on the property of 12 rooms, in addition to an 8-room house, a dairy barn, other outbuildings and three employes’ houses. It is reported that the price pald was about $60,000. The sale was negotiated by John A. Brickley of the real estate office of Moore & Hill, Inc. By the addition of a foot-power ap- paratus, worked in harmony with the arm strokes while paddling, a German inventor has introduced an effective eid for the oarsma always increase, FK' extra LAVATORY west two blocks Builder 924 St. NW. 14th & Two Exceptional Values in " THE EVENING -STAR. WASHINGTON, . D. C., SATURDAY, MARCH 30, 1929, HOWLING OF PUPPY |D:C. WEEKLY BUILDING PERMITS et n REACH ONE OF HIGH 1929 TOTALS' “FREEZING AND THAWING” | TEST OF MASONRY URGED Bureau of Standards’ .!xpeflmlnu Reveal Way to Guard Against “Weathering” Losses. The “freezing and nuwl# test to determine the resistance masonry materials to frost should be used when- ever possible, a report by the Depart- ment of Commerce on studies by the Bureau of Standards states. “The most comrlex problem which confronts the builder of monumental structures is that of permanence of materials. Of the weathering agents which conspire to cause decay of ma- sonry the most common is -probably frost action. This phase of weathering has long been the subject of study, and several tests have been evolved for the purpose of determining the resistance of masonry materials to this type of decay,” the report says.. “The Bureau of Standards has found that materials of high strengths and low porosity or absorption are generally the most resistant to frost action. The degree to which the pore space becomes filled when the material is immersed or partly immersed in water gives some in- dication of the frost resistance. “Those materials which become high- ly saturated during a given period ot soaking are not likely to resist the NORTH CLEVELAND PARK 3614 Veazey St. FOUR-BEDROOM RESIDENCE able neighborhood Connecticut Avenues A MODERN with EIGHT large rooms, TILE BATH with SHOW- in this desir- between Wisconsin and where home values will brick constructed home select . HARDWOOD LOORS, detached GARAGE; also an artistic OPEN FIREPLACE and other home REFINEMENTS. *13,750 CONVENIENT TERMS Reach via Conn. Ave. to Bureau of Standards, on Pierce MHl road. Open for inspection from 9 AM. to 9 P.M. Chas. D. Sager Reclitor Owner Main 36 Beautiful Argyle Park Ofen for Inspection Today and Sunday 4409 18th St. N.W. Now Priced $5,000 Below Actual Cost A thoroughly modern new detached brick home over- looking Rock Creek Park and designed to suit the most fastidious. First floor contains large reception hall, extra large bright living room with open fireplace, dining room, sun parlor, and beautifully equipped kitchen. Second floor— four rooms and two baths, one with complete shower. Attic perfectly finished with two lovely rooms and complete bath. Full basement, instantaneous heater, etc. Electric * fixtures to suit purchaser. Large front, side and rear yards, two-car brick garage and wide alley. Will consider trade on business or smaller property. Drive out 16th to Webster thence west to 18th, and north a half block or call us for auto service. AR Be Sure To See This 4213 18th St. N.W. $16, 500 A beautiful detached all-brick home situated on large lot, surrounded by beautiful shrubbery, and containing eight large, bright rooms and tiled bath.” Attic over entire house, splendid dry basement with instantaneous hot-water heater, cold storage room, ete. Every modern convenience, open fireplace and hardwood throughout, * Vacant and in perfect condition. Large rear yard, garage, paved street and alley. Ready to move into. May consider trade on smaller property. Drive out 16th to Varnum thence west to 18th. METZLER ' Realtor—~Exclusive Agent tion of frost become saturated less degree. Ma- terials which suffer from a loss of strength when soaked in water often mhu:. ren::unu to frost than tho;: lrfiflmy weakened soaking, although this is not a very de- pendable guide when considered alone, v-‘!lue in arriving at frost- mn'zx"m. 5 a resist » erties of stone they are not c} reliable to suppla: % test which should be used he guide whenever it is feasible to make the test. A reliable test for frost re. sistance that could be made in s s period of time would be of great value, and this phase of the probjem is being studied at the bureau’ ' * ¢ —— Michigban Professor Di¢s. ANN ARBOR, Mich., March. 30 () — “Prof. Robert Mark Wenley, head of the philosophy department of the University of Michigan, died yesterday at his home here after a few hours' iliness, He was 68 years old. Prof. Wenley was born in Edinburgh, Scotland, and formerly was 8 member of the faculty of the Univer- ity of Glasgow. Big 20-foot front Home —in one of Petworth’s most attractive neighborhoods— 911 Farragut St. N.W. You know the very high elevation here—with all the utilities and con- veniences—schools, churches, stores and transportation handy. This par- ticular Home is one of the most de- sirable— 6 rooms, tiled bath, hot-water heat; hardwood floors; front and rear porches; deep. Hous throughout. garage. Lot 100 feet in excellent condition Surprise in the Price! —and terms, too. Open Sunday from 2 P.M. to dark. ,..,;_,M"‘KEEVERMGOS ervice Deal With a Realtor 1415K St. LI PLAN OF SPACIOUS GROUNDS Enjoy All the Pleasures of a Country Place right here in the heart of CATHEDRAL HIGHLANDS 3241 Thirty-Eighth Street N.W. Only 1 Square from the National Episcopal Cathedral THIS charming colonial residence is ideally located on one of the highest points in Washington and is surrounded by a beautiful hed’ed-in garden in which there are many rare shrubs, flowers and ruit and shade trees. The convenient house contains 9 rooms and servant’s quarters and a large glassed sleeping porch, which overlooks the garden in the rear of which is a studio cottage. Chauffeur’s quarters are in the two-car places. There are two open fire- rage. All the buildirigs have been recently painted, and the residence has beem entirely redecorated. The value of the 18000 square feet of ground surrounding this home is approximately the asking price for the beautiful im- proved property. Let Us Show You Over This Remarkable froptfly A fter Church on Sunday