Evening star., 1896-03-23
ORDERED TO VACATE
Secretary Smith Contronts the baltimore
and Ohio.
A Public Square to BE Cleared of
Tracks and Reclaimed as
Park for the People.

The long fight waged by Col John NJ.
Wilson. superintendent of public buildings
and grounds in the District of Columbia,
against the Baltimore and Ohio railroad for
possession Of square 201, has been trans
ferred to the Interior Department.
The railroad company has for many
years occupied this piece Of ground with its
tracks to the annoyance and hazard Of
citizens living in the northeastern part of
the city. and all efforts to reclaim the
ground have proved Intellectual. The square
is bounded by G and H streets. Delaware
avenue and 1st street northeast, and en-
braces 10000 square feet of ground. There
are six tracks of the Baltimore and Ohio
road on this square or reservation and four
switches. Being at a point where there is
constant traffic along H street. that locali-
ty has been regarded as a dangerous point
for many years. The incessant passing Of
trains, notwithstanding the usual precau-
tions taken to warn and protect passengers.
Is continual menace to life and limb, and
has led to many accidents and the loss of
a number of lives.
The Northeast Washington Association
has long endeavored to abate what citizens
of that section regard as a nuisance, but
without success. While the matter was in
the hands Of Col. Wilson a few weeks ago
1t was almost accidentally called to his at
tention that there was an old law which
gave the Secretary of the Interior auth ori-
ty In the premises.
The Iowa Circle Case.
A question had arisen in regard to the
unlawful stretching of wires across Iowa
Circle, and upon Col. Wilson's request Sec
retary Lamont asked the Attorney General
for an opinion in regard to the matter. At
tcrney General Harmon in his reply cited
the old statute which gave the Secretary
OF the Interior power to remove. trespassers
from government reservations and grounds.
inc wires were removed, and precedent
established, under which it is now proposed
TO secure possession of square 201.
The Law ~ II Stands.
Revised Statutes. which became operative
June 80. 1864. and is as follows:
1.-The Secretary of the Interior is directed
to prevent the improper appropriation or
occupation of any of the public streets,
avenues, squares or reservations in the city
of Washington. belonging to the United
States, and to reclaim the same IL unlaw-
fully appropriated; and particularly to pre-
vent the erection of any permanent build
ing upon any property resery ed to or for
the use of the United States, unless plainly
authorized by act of Congress, and to re-
port to Congress at the commencement of
each session his proceedings in the prem
fSeS, together with full statement of all
such property and how, and by what au-
thority, the same is occupied or claimed.
Nothing herein contained shall be construed
to interfere with the temporary and proper
occupa ton of any portion Of such property
by lawful authority, for the legitimate FUR
poses of the United States.''
An Order to Vacate.
Secretary Smith two weeks ago referred
the matter to Chief Clerk Womack, and
directed him 20 ascertain the facts and the
law. Today the Secretary decided to give
the railroad company notice to vacate. AS
Secretary Smith has the reputation of a
man of determination, and the situation
centers on him as its master, there is little
doubt Of the issue of the matter. The
Northeast Washington Citizens Associa-
ton asks that the square be improved and
beautifed, which Col Wilson says shall be
done when Secretary Smith Gusts the rail-
road tracks