Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-03-10

Nv Unc CQerOket. ClOctaW. Sem.
inoie and Greek Indians to enter into contracts
Win citzens OF the United StaLes
-, by MI Davidson Fla.) from the committee on
Horary-For the erection OF monuments to Gen. s.
Nathaniel Greene and Daniel Morgan
COL. LUDLOW EXAMINED.
Ms statement Of the Prospect Hill
Cemetery Matter.
HIS TESTIMONY BEFORE THE DISTRICT SUBCOMMITTEE
OF THE HOUSE INVESTIGATING THE MATTER-HE
KNEW NOTHING OF THE INJUNCTION WHEN He Or
DERED THE WORK TO GO ON.
The District subcommittee, investigating the at
tempted opening or North Capitol street through
the Prospect Hill cemetery, resumed the taking of
testimony to-day Col. Ludlow and the officers OF
the cemetery who authorized the opening through
tnat property were present. Col Ludlow was put
upon the stand and gave history OF the matter re-
lating to the opening Of the street. He said that
the matter had progressed under the authority of
the board or Commissioners in accordance with
tne law, as they understood 1t to apply. The d.
rectors or governors OF this cemetery as the Com
missioners understood them to be- had all given
their consent to the opening OF the street through
the cemetery. The Commissioners had advertised
1or OBJECTIONS but none had appeared. He knew
nothing OF the ODjecung body. He il I'd not been
not1deu OF any objection. The work Was advan-
eng under the order or the Commissioners when it
was stopped Dy telephone message from him on the
23d OF Dec mber
HE KNEW NoTH NG OF THR INJUNCTION
issued on the 18th or December
II appeared OF record before the committee that
the Injunction 10 stop the work in the cemetery
was served on Commissioner Webb on the l1th
Col. Ludlow showed that the order to begin the
work on North Capitol street was prior TO this
date-on the 14ch-and swore that he had no
knowledge OF the service OF the injunction until
the 23d, when he ordered the work 10 STOP Mr.
WeDU, he said, had neglected to inform him of
the service OF the Injunction, and the Board OF
commissioners had not been Informed OF II. Az
terward, when he had asAed Mr. Webb about the
matter, ne said he had referred IL to Mr.. Davis,
the attorney. Witness knew In a general way,
nau Been begun ii att but se he P Knew Of 20
Injunction having been issued at the time the
men wsre pu 70 n wSk IN the cemetery The first
morning OF the 23d through telephone message
from Mr.: DAVIS, which came to the witness ut his
house. Mr.. Davis telephOned that Mr.. MattinRy
had informed him that men were at work in the
cemetery in violation OF the Injunction This was
the nrst knowledge Col Ludlow had OF the in
JUNCTION. He at once teiephOned an order to have
the work stopped and 1t Was stopped.
NEVER LAID BEFORE THE BOARD
The injunction, Col Ludlow said, had never been
laid before the board.
The record Of the committee was here read to
show that Mr.. Webb had acknowledged the sery
ice.
''Did you ask him what he did with ttq, asked
Col. Ludlow: "Because he did not show IL to me-"
The injunction should have been shown him and
he would have stopped the work.
Witness said there was no attempt to do any,
tnlng In violation OF the law. Everything was
done In accordance with the action OF the Board of
commissioners under the law as they understood
II. The only individual action by the Engineer
Commissioner was when he called the attention OF
the attorney to the provisions OF the charter OF the
cemetery society, which would prohibit the Com
mss0ners from entering the cemetery, and, later
when he gave the order to stop the work These
Two acts were the only ones by him individually.
That part OF MIR. Webbs testimony In wnicn he
SAID that the board had never authorized the work
was read.
THE OFFICIAL RECORD.
Col. Ludlow submitted to the committee the re.
cords OF Official action by the board on the subject
He said that when the superintendent was author
LED to open up the extension OF North Capitol
street there was nothing to show that 1t was not
public street, requiring only to be opened. The
board knew OF no objection that the work OF OPEN
street had been petitiOned for and it had been re-
commended, he thought, In the annual report OF
the commissioners He said that the Commission
erS
KNEW THAT THEY COULD NOT ENTER THE CEMETERY,
and they had not attempted to do so. When,
however, the directors had subdivided and plated
the property, and made the subdivision matter
OF record, this was a voluntary action on the part
OF the owners OF the property, as the Commission
ers understood the matter, and they proceeded,
according to legal form, to open up the street. ad.
vertising for objections
Mr. Guenther said 1t had been charged by the
press that the opening OF this street was in the
interest," OF Philadelphia syndicate.
PHILADELPHIA sYNDICATEs."
Col. Ludlow said that Philadelphia syndicates
loomed up In front OF every street extension $50
far as KNOW" he added, seriously, "no Pniladel-
phia people own any land in that section. Mrs.
BarOer inher1tS her properly, Mrs DObbin lnherlts
her property, believe, and her husband, OF New
YORK; that makes a Philadelphia syndicate"
Ing OF the street valuable public Improvement
They had SO stated In their report, and they still
considered 1t such.
DOCUMENTARY EVIDENCE.
Colonel Ludlow had copies OF several Official
letters and other papers on the general subject,
which he said he had not had an opportunity to
look over after they had been furnished him.
He produced the letter written by him In NO
vember, 1885, calling the attention OF Mr. Davis to
tne pronioition In the charter There was also q
man recittng the fact OF the charter prohibiting
the Commissioners from entering the cemetery.
reply from General Sherman stated that this was
Another document was q copy of the order Of
the Commissioners, November "a, 1886, authOriz-
open North Capitol street. This order was sns-
pended after the plat OF the subdivision had been
recorded by the ofncers OF the cemetery. An Or
Ger was issued on October 10 1887 FOR preliminary
10 open the street. witness presented
q copy OF the order OF the Board OF Commission.
order
DIRECTING THE WORK 10 BR0n.
"Thfs," said Col Ludlow, sis the action Of the
board OF Commissioners, not Of any individual
member. Every member OF the board participated
In the action
keverting again to the Injunction Col Ludlow
SAID that the work would have been stopped at
once nao ne known OF the injunction. But he said,
accidents would happen In tle best regulated fam
!nea. ana ME Webb had, by an oversight, or some
tnng OF that sort, not called his attention to It
He believed theirs was not the best regulated
tamlly. The action relating TO this matter had
however, been harmonious. He said thai the En-
kaneer Commissioners did not oct except BY author
tty Of the board.
TIE CRo0s-ExANINATT0N.
ON cross-examination Nj. Henry Wise Garnett
struck q once upon the letter TO senator Sherman
ana insisted upon knowing what interest the Sen
ator had in the matter, and II he owned land ON
o. near the proposed extension. He asked witness
u Mr. SHERMAN had talked 70 him concerning the
extension OF the street
Col Ludlow did not recollect Of Senator sher-
mans interesting himself In the extension OF
N0to Capitol street. The letter 70 hum had been
Mntten 70 him By Col Ludlow. NOT because Of any
ntgeet the senator took In the extension, Lut be-
C8U0o OF thD 10Da thai l0rfnlnff0n vv0nald