Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-11-10

within his discretion to permit even tenn
porary occupation of any public property
for any private purpose whatever, and 1t
is clearly his duty to proceed immedia tely
to reclaim any such property which may
part Of such space is occupied by a struct-
ure which was at some past time used by
the United States does not affect this Ques-
ton for the reason that as soon as the
structure ceased to be SO used 1t became
illegal. under the law. and should have
been Immediately removed.
Mr. Hamilton Is mistaken in his con-
cepticn of the clause In the statute which
provides that The Secretary shall report to
Congress at the commencement of each
session his proce edings in the premises, to-
gether with a full statement of all such
property and how and by what authority
in this provision can be construed to imply
that the Secretary shall first report to
Congress before proceeding to perform the
DUTY which is intrusted to him by the
statute in question; but claim the proper
construction Is that he shall report to
Congress what progress he has made in
the performance Of said duty, and also to
furnish a list Of all such spaces which are
occupied. though said occuoation may be
temporary, and to state by what authority
they are SO occupied
1t does not seem that much considera-
ton Is due to a corporation which has I'M
lawfully taken possession of and held a
valuable piece of property for sixty years.
during which time 1t has had free and un-
restricted use thereof Gall of which is ad-
nitted by them). and when requested to
vacate refuses to do so. Further it does
not seem that the attorney for the COM
pany has acted in good faith with the de-
partment After having stated in his let
ter of April 16 last, hereinbefore referred
TO- that the company lays no claim to the
ground and will remove therefrom when
government he
now informs the Secretary that in order to
regain possession the department will have
to institute legal proceedings. In this con-
tention we disagree with the attorney
By the statute the Secretary of the In
terror is made the custodian Of the afore-
said public space, and he Is also made the
judge as to whether or not it is legally
occupied This evidently was the con-
tary Smith. who. on March 20. 1895, called
upon the representatives of the company to
show cause why it should not be dispos-
sessed OF the property in question, and, af-
ter considering the reply Of the company,
dated April Is, 1896. decided that the rea-
sons set forth by the company we're INSULT
cient, and ordered that the company cause
to be removed within sixty days from the
lst day Of August, 1895, from the space in
question all tracks, derricks, cars or other
property belonging to the company The
citizens claim that as the Secretary has the
right to decide that the space is Illegally &C.
II,
to eject the intruders and take possession
of the property.
'In conclusion. Mr.. Secretary, permit me
to say that 1 consider that in view of the
long occupancy of this property by the
company, which. while being so profitable
to 1t. has been the source of so much an
royance to the citizens and such q detri-
ment to their interests, the sixty days
allowed by Secretary Smith was ample time
for the company to vacate, and was ex-
tremely liberal, and the thirty days ex-
tension which you SO kindly granted Is. in
view of the circumstances, more than the
company deserves.
Every day that the triangle is used for
It's present purposes the lives of people are
in jeopardy, to say nothing of the nuisance
caused by making up trains, parking cars
containing obnoxious freight, such cat
tie, hogs manure, oyster shells and street
sweepings and numerous other objection
able features pertaining to freight yard
In view of the above, in behalf of the
citizens of Northeast Washington, 1 re-
specially request that no further extern
sion of time be granted for compliance with
the order of July %. 1885, and that the law
be enforced without delay. / also beg to
call your attention to certain letters on file
in this case from the attorney of the Bal
timore and Ohio Company to their general
superintendent, and dated September u, Oc-
tober 1, November 80 and December 10,
1889 as also to marked copy of report Of
Col. John NJ. Wilson, in charge of public
buildings and grounds, for 1888. herewith
submitted; also to copies of Colonel Will
sons letters to Mr.. H. H. Martin, dated
February H. 1896, and to myself, dated
October % 1896, and of Colonel Ernst.
dated October %. 1885,
Secretary SowerbuttS also read other let
tiers bearing on this question.
Railroad Matters.
President Tucker said that the time
given the railroad to desert the reserva-
ton had expired, and he thought under the
circumstances the time would not be ex-
tended again. The secretary has the au-
thority, and he hoped he would simply go
there and take possession.
+ Chairman FriZzen of the railroad COM
mittee said he had no formal report to
make. He referred to the meeting of the
hoard Of trade and said the Northeast As
ISOLATION had furnished the board all it's
Information relating to the Baltimore and
Ohio railroad. The board of trade, he said,
had recognized the good work done by the
association and had in It's report men,
toned three members of the Northeast
Washington Association, President Tucker
Professor Gallaudet and Rev. Father Gil
lespie, as men who had done especially
good work in behalf of the citizens
Speaking Of the railroad question he said
all the associations as well as the board of
trade favor an amendment to bill 300.
The associations, he said. will not sane
ton any bill which provides for more than
enc viaduct. In order to get the sanction
1t must provide for a uniting of the roads
on the outskirts of the city and the use of
one viaduct.
President Tucker said that he desired to
call attention to the obstruction of street
crossings by the railroad company and of
the interest manifested in the matter by
The Star. He referred to the case Of Po-
liceman Owens Of the fifth precinct, who
arrested a conductor on the Pennsylvania
railroad. and said he thought If the police
were so efficient in other precincts there
would be fewer violations Of law. The ar
ticle in The Star. he said, explained fully
the trouble experienced at the Baltimore
and Ohio crossings Persons employed in
the government printing Office, he said, are
frequently delayed, and he had been told
that when they are five minutes late they
lose half days pay.
Chairman Frizzell said he thought Po-
liceman Owens good service should be
recognized by q request that he be trans
ferred to the sixth or ninth precinct.
President Tucker spoke of the good
work performed by The Star ON grade
crossing matters. and at the suggestion Of
the president. Secretary Bowerbutts read
the editorial spoken of as well as an article
printed in The Star concerning the obstruc-
ton Of the street crossings.
Major Burke said that 1t happens that
when the police do their duty in some of
these matters they are not always upheld.
Sanitary Matters.