Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-09-01

years
The Official pla, book, showing the division
OF lois oetween the General Government add
the pToprietors OF the soil, in accordance with
the deeds of trusts and the appropriations of
these several pieces or portions OF the prop
erty so reserved to and for the use of the Uni
ted States TO specific purposes, begun under
the direction Of President Washington nv Mr..
Nicholas King, the city surveyor, was tur-
nishsd in 1903 and approved by President
Adams, now In the Office of the Commissioner
OF Public Buildings, is the only official record
In px xistence, and transcripts from which signed
oy the surveyor Of the city of Washington,
were made evidence by act OF Congress, (act
Just after the first act of in corporation OF the
city OF Washington, (May Sd, lst2) and the
pas. age Of the act by its Councils TO establish
market on this space, October 9Th, 1872, Mr..
Nlcnolas King, who had been entrusted by
Generai washington with making the oficlal
pia. DOCK on the 25th September, 1913. in letter
propriations and the use to which thew were 10
be applied, says: "In the sales that had been
made, both by the Commissioners and the orr
ginal proprietors, the designations OF these
places have been spoken of as Inducements 10
purchasers, many OF whom have selected their
property accordingly. The extensive appre-
States and for the city for public walks mar
kets, and other important purposes ought TO be
held agreeably to the intention Of the donors
and the views with which they were selected
fdence SO necessary to our growth and pros
! erIy'
These views were approved by President
ACams and his successors in office to the pres
ent time. and Congress ITSELF in 1912, 1920, 1924
1-26 and 1S4S sanctioned them when il pro-
vided THAT the Corporation shall have power
and authority to occupy and Improve for public
purposes by and with the consent Of the Pres
ident OF the United States, any part OF the
public and open spaces and squares in said
city not interfering with any private rights"
AafN Naxy Orb \
nized the claim of this Corporation to use that
space for the purpose of a market, and ceded
to 1t that property for such purpose 81 long as
the market house should be continues thereon,
and authorized the city of Washington to bor-
row sum not exceeding two hundred thou
sand dollars, at a rate of interest not exceed
ing six per cent, coupled, however, with q
condition that new market house according
TO a certain plan should be built thereon with
In the period Of two years.
Thus IL appears very clearly that up to 8
very recent period the Executive and Legisla-
tive authority of the country has recognized
the right Of this city to occupy this pubic
space as public market, and il has so occu-
pied it unGer claim OF right for more than
sixty years.
Ner is there any act OF the Executive or any
proceeding in Congress to be found inconsis-
tent with this lawful claim for although st
first the act of the 9Th of May, 1860, may seem
to be inconsistent with such claim, on e1-
animation 1t will be found not to be 60
By the amended charter of 1913, section 10th,
the corporate authorities of this city are ex-
pressly prohibited from increasing its funded
debt except in the manner prescribed in that
section.
In the year 1860 they desired 10 erect a new
markell house en- the site of the old Centre
Market, and to enable them to do so applied 10
Congress for power to create a debt not ex-
ceeding S2OO,OUO at rate of interest not e1-
ceeding six per cent. On this application Con-
gress passed the act in question.
The first sentence Of the first section Of this
act recognizes the fact that this space has been
heretofore and is still occupied for ths Centre
Market, and ceded il to the Corporation on
condition that they should, within two years
thereafter, erect thereon q market house. The
third sentence authorizes the Corporation 70
create debt not exceeding S200,lO0 to cree.
said market. house.
And the third section provides that in case i.
shall take effect il shall be construed to yes.
the title to the property in the Corporation so
long as the said market house shall be con-
tinued thereon and used for the purposes afore-
said and no longer.
We are to look for the meaning of the legis-
Iature to the common sense construction OF the
words employ the remedy they intend to
provide, and to the external facts to aid ms in
discovering the mischief intended to be RENEE
died II, as has been shown, this plot o.
ground was originally set apart as q place for
market house by Gerer al Washington, under
the powers vested in him under the deeds OF
trusts from the proprietors of the soil, the acts
OF Congress and the Maryland Legislature,
and has been uninterruptedly, for the space of
sixty years, used and occupied by the Corpor-
alton of Washington with full knowledge OF
the Executive and Legislative authorities, al
though the title to the land still renamed in
the United States and this was no more than q
permissive occupation at the will OF the Gov
eminent, 1t cannot be doubted that until Con-
grees legislated on the subject the city was JUS
tified in treating the property as righttuily de-
voted to their use.
They had not power under their charter 10
increase the funded debt, so as to enable them
to build such a market house as would satisfy
tbs public demand, and crafty the public
taste, and claiming the right still to occupy the
ground ground, but IT, desiring to remove all possible
applied for csssion OF the ground, and for
power to raise money for the contemplated
In this there was no abandonment of a rieb..
any more than man who has an equitable
estate, or an easement, abandons his CLAIM
when he applies for and receives a quit claim
OF the legal title outstanding in another, nor
does just criticism OF the words of the act
lead 10 any other conclusion. The extent to
which they 60 is that Congress secures to the
Corporation the nse of the ground already oc.
cupled by the Corporation, il the building
con templated in the act shall be constructed
within the time limited therein, long as the
building shall be used as q market house
The failure of the Corporation TO satisfy the
condition occasioned by the extraordinary con-
dition OF the country, and the extraordinary
state OF things leaves the matter precisely
where it stood before, and the respective par
ties unaffected by 1t.
The resolution to which 1 have called your
attention requires you to ssreclaim such public
siouAoo 90 uIc uhtuNJ auydppTOpTlhlt duQ 20
prevent the erection of any permanent build
ing upon any property reserved to the use OF
the United States, unless plainly authorized by
act OF Congress" Unless the word plainly in
this resolution is to be read "expressly" or by
some equivalent term, beg leave to say the
resolution s'plainly" does not prohibit or au-
thoriZe you to prevent the erection of the con-
templated market-house. The covenant and
agreement in the deed OF trust from the propri-
etors of the soil ''that the grantor and his heirs
and assigns should and might continue in his
nnSSR nj fhoi
their will and pleasure, until they shall be
occupied under the said appropriations for the
use of the United States, or by purchasers;
and when any lots or parcels shall be occupied
by purchase or appropriation, as aforesaid,
then and not till then should the grantsr re-
linQuish his occupation thereof" the early
legislation on this subject, and the distinct
appropriation Of this parcel OF ground for
Center Market, and the uninterrupted occupa-
ton of it by this Corporation for so many
years. all show the understanding of the re-
spective parties, that when General Washing
ton set it apart tor Center Market 1t was ina
tended that the corporate authorities Of the city,