Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-06-14
A RAILROAD LAND GRANT.

A RAILROAD LAND GRANT.
Uncle Sam Pays for Land for a Post
| Office for the People of Washington.
BUT PUBLIC GROUND WHICH THE COMMISSIONER
OF PUBLIC BUILDINGS SOUGHT TO RECOVER FOR
PUBLIC USE n TO BE GRANTED FOR NOTHING TO
! RAILROAD.
The question was frequently asked in the
railroad debate Of Monday IN the House
What grants does the Atkinson bill propose to
make TO the Pennsylvania road?' The ques-
ton did not relate to grants of valuable privi-
leges, such as the delegation of certain con-
gressional powers of legislation to the Com
missioners for the roads benefit or the power of
condemnation, as proposed by the bill. Nor
did it refer to indirect grants Of property. such
as that which is involved in the failure Of the
bill to remove the road from the mall, or to
cause it to improve its occupation Of the mall,
or to remove grade crossings, at the only time
| and in the only connection in which these
things can possibly be accomplished In
| formation concerning direct grants of prop
| erty interests was sought by the question
| Free right of way over the public streets and
| reservations to ground to be purchased or
| condemned, subject to the approval of the
| Commissioners, is given. Side tracks in con-
! nection with the existing tracks have been
illegally constructed, crossing. occupying and
| using frequently for storage purposes certain
| streets and reservations the property Of the
! United States. The illegal occupation of this
| properly is confirmed and the bill not only
| condones past lawlessness but presents the ap-
proprIated property, without consideration, TO
| the appropriation. The streets and reserva-
| tons thus occupied are recited in the letter of
District Attorney Hoge to the District Commits
| sioners, dated June q, 1889. which reads as
! follows:
| Under date the 26th of March, 1887, the then
attorney of the United States for this District
addressed a communication to the Commits
| sioners of the District of Columbia-the board
| at that time consisting of Messrs. Webb, Wheat
| ley and Ludlow-inquirng whether permits
! had been given by the Commissioners to the
| Baltimore and Potomac Railway Company for
| the laying of tracks across certain public
| reservations and. if so, requesting that copies
| of such permits be furnished. with statement
| of the reasons which Influenced the Commits
| sioners to issue them. Under date the 18th of
| April, 1897, the Commissioners replied, trans
| uniting copies of the following permits for Law
| ing tracks-all of which had been issued by
! predecessors in Office of the Commissioners
above named, viz:
1. To W. II. NARROW, to construct, inter ALA,
| "a siding into square north of 642," date April
| %, 1888
2. To t. J. Shyrock, ''to lay a side track II ON
the tracks of the Baltimore and Potomac rail-
| road into your lumber yard in south half of
square 642," date March 6, 1884.
3. To Samuel Ross OF Barber Il Ross "to Law
| single side track from Baltimore and Poto-
mac railroad into square 49," date March H.
1885.
4. To Enoch Totem. attorney of Baltimore
and Potomac railroad, "to lay side tracks from
| the main tracks of the Baltimore and Potomac
railroad into square 695 and square west Of
695, apparently mistake for square north
west of $3.50, date June %, 1885,
The letter of the Commissioners states "that
all these permits are temporary in their char
acter and the tracks are TO be removed upon
notice from the Commissioners" although this
condition appears upon the face of but one of
the permits, to wit: that to Mr.. Barber of Bar
Der Il Ross. The Commissioners then say that
"a preliminary investigation of the question
indicates clearly an absence of an authorita-
tive understanding as to what are the public
spaces under the control of the Commissioners
and what are the reservations under the exclu-
sive jurisdiction of the federal government ="
and add: ''These uncertainties it ofIconsider-
able import lance to remove, and the Commits
sloners therefore suggest that the subject be
considered by the law department of the fed
eral government. and a final and conclusive
statement and map be prepared for the infor-
nation and guidance of the Commissioners. "
This letter OF the Commissioners having been
referred by the United States attorney to the
Attorney General, and having been considered
by him, am now advised by the last-named
officer that in his opinion the matter calls for
no further action on the part of the Depart
ment of Justice, and l am directed to take gal
measures to cause the removal of the several
tracks above referred to and all others in this
city having no legal warrant for their existence
A personal inspection recently made by one
OF my assistants reveals the fact that the sew
eral tracks described in the four permits above
referred to are still in being and in use as
well as the following other tracks diverging
from the main line OF the Baltimore and Po-
tomac railroad, to wit:
5. Siding running into square 267 on the
northerly side of Maryland avenue, owned and
occupied by the Baltimore and Potomac Rail-
road Company.
8. Siding running into squares $4,000 and
270 on the southerly side of Maryland avenue,
squares 299 and 300 being owned by the Rich
mond and Danvllle Railroad Company and oc-
cupled by Messrs. Johnson Bros. wood and
coal yards; the owner aud occupant of square
27O being unknown to me at this writing.
Note. The act OF Congress of August AZ,
1888 (25 $. L., 45l, authorizes the Richmond
and Danvilie road to run siding into squares
269, 800 and 299 but from a point and by a
route entirely different from those actually in
use.
7. Siding into square 1856 on the southerly
side of Maryland avenue, occupied by the Bal
timore and Potomac railroad for the purposes
of a freight depot; the title to the square
standing in the name Of one J.W. DuBarry, an
employe of the company.
s. A siding into square 464 on the southerIy
side of Virginia avenue, connecting with the
ware house of Robert Portner.
8. Another siding in the same square con-
Meeting with the ware house of Samuel c.
Palmer.
10. A third siding into the same square con-
Meeting will the ware house of the Bergner Il
Engel Brewing Company, Charles Dodrick,
agent in charge.
IL. siding into square 493 on the northerly
side OF virginia avenue owned and occupied
by the Baltimore and Potomac Railroad Com
pany for the purposes of a freight depot and
roundhOuse.
II. siding into square 526 on the northerly
side of Virginia avenue connecting with the
mill and ware house of the Washington Flour
and Feed Company.
H. siding into square GAL on the northerly
side OF Virginia avenue connecting with the
ware house of the Anheuser Busch Brewing As
ISOLATION.
A. siding into square 1873 connecting with
the wood and coal yard of John Miller
OF these sidings the following cross open
spaces and streets named in order to reach
their respective destinations (the numerals
used IN the foregoing table being used for con-
venience of reference), viz:
l. Crosses the open space lying at the east
end of square north of square 6i2, designated
on the maps and records of the office of the
United States engineer in charge OF the public
buildings and grounds reservation No lO9
z. Crosses both rOadways into which South