Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-11-10
TO GET POSSESSION
Northeast Citizens Association Dis
cuSses the Railroad Problem.
OCCUPANCY OF PUBLIC PROPERTY
Committee to Examine Condition
of the Peabody Building.
NEW COMMITTEES APPOINTED

AT last nights meeting OF the Northeast
Washington Citizens Association the men,
bers showed that they intend to continue
the fight against reservation 2O1, at Della
ware avenue and H street northeast,
where the Baltimore and Ohio railroad is
now and has been for a number of years
conducting an unloading station for stone
and other heavy building material At last
months meeting the association voted that
the president should write letter to the
Secretary of the Interior, setting forth the
facts in the case. When Mr.. Smith was
Secretary the matter was well under way,
and the association expected that before
now the triangle would be covered with
grass. The letter written to Secretary
Francis by President Tucker, was read as
follows:
To the Secretary.
My Dear Sir:
'In view of the fact that your prede-
cessor. Secretary Smith, in compliance
with request OF the Northeast Washing
ton Citizens Association, by authority
vested in the Secretary of the Interior by
section 1913 Of the Revised Statutes under
date of July ~, 1896, ordered the receiv-
ers of the Baltimore and Ohio Railroad
Company to vacate within sixty days from
the first day of August. 1895, the triangu-
lar space bounded by G and H streets and
Delaware avenue and LIST street northeast,
known a reservation 2u1, and that in con-
siGeration of a letter submitted to YOU by
Mr.. CT Z. Hamilton, attorney for said
company, dated September 80 ultimo, you
have granted extension Of thirty days
for compliance with said order, the said
CItlZens Association deems 1t advisable to
reply TO said letter, in order to acquaint
you with such additional facts as will sub
stantiate the claim of the citizens, that
there sho1ld be no further delay in dis
possessing the trespassers on this public
property, and / have been directed, by
III animous vote of said association, to per-
form that duty.
contained in paragraph of Mr.. Hamilton's
letter, relative TO the date and history Of
the occupancy of the reservation to be en-
tirely correct, We will not take the time to
dispute 1t, as 1t has no direct bearing upon
the question at issue. We contend that
the greater portion of said space has for
many years been Illegally occupied by and
used Tor the private purposes OF said rail-
read company. and that the entire space is
now so occupied and used by said company.
The steam derrick which. as Mr. Hamilton
states, was erected by PERMISSION verbally
given, of officials OF the government, occu-
pies Only a small part of the area in ques-
tion and We claim that said verbal permits
sion does not constitute legal occupancy,
even though such occupancy was to be
temporary Further if said derrick was
erected for the specific purpose of unload
ing material for use in the construction
of the library building and as all such
material has long since been delivered and
the government has no further use for the
derrick, it is now private structure upon
a public space, and 1t is unlawful under
the stat4te
Mr.. Hamilton. it seems. has changed his
mind since he submitted his letter of April
III last. In that letter the company lays
no claim whatever TO the ground. asks to
be permitted to continue its occupancy. as
tenant at Sufferance. and agrees to vacate
whenever the authorities require it, Now
since the honorable secretary has notified
the company that the government desires
TO regain possession of the triangle, and
has very literally granted sixty days in
which TO vacate, Mr.. Hamilton character
lies the order as exceedingly harsh and
unreasonable In paragraph 2 of Mr.. Ham
nfons letter he states: The reservation, is
50 located with regard to the tracks of the
company, lawfully constructed and operated
on Delaware avenue, as TO make II i'm
possible of Improvement as a reservation
or otherwise useful either to the govern
ment or to the citizens. long, certainly,
as the tracks of the company remain as
they now constructed and this present
arrangement can only be changed by Iesis-
lative enactment All this we claim to be
incorrect. except the statement that the
lawful tracks can only be changed by leg
islative enactment.
THE commissioner of public bui1dinps
ana grounds in several of his annual re-
ports has called the attention of Congress
10 Inc Illegal occupancy of this reserva-
ton. and asserts that he has endeayored
but in vain. to regain possession of the
same IN order 10 convert Ii into Il park and
beautify it, From these reports it is evil
dent that said commissioner does not con-
slider that the proximity of the tracks
would interfere in the slightest degree with
the use Of the triangle as a park But this
Is not the main consideration upon which
the citizens base their claim that the COM
pany should be compelled to vacate the
property at the earliest possible date The
principal point upon which We base our
claims Is the one which is fully set forth
IN my former communication. that the
present occupation and use of the reserya-
ton endangers the lives and safety of The
thousands of people who daily pass on n
street and other thoroughfares adjacent
tntret0' nsturbs the peace and interferes
with the health. comfort and convenience
of all persons who reside in the neiphbor
hood, and, instead of being an advantage
as al such reservations should be this
nuisance ~
Reply1nS 10 paragraph 3, will state that
sshi railroad company has during the past
nIleen years. whenever requested or direct
ca 10 make any improvements of it's track
age within the city for the safety comfort
or convenience of the public refused to
90 so on the plea that il was the intention
OF the company to ask Congress to enact
such legislation as would authorize the
company TO make such alterations in the
Iachaec system as to relieve the city Of
grace crossings and other sources of danger
anu ahnoyanceS which have resulted in 90
much agitation. but this plea has not hean
subStantiated. the company never having
made any effort whatever TO procure such
IeSSiation but, ON the contrary has siren
uoesIy opposed every measure which has
been presented TO Congress by citizens
organizations and others for relief from
the dangers. -nuisances and annovances
which have been long endured II Inc
privilege which the company proposas To
ask congress for should be granted IL
would be equivalent to giving to the COM.
pany unlimited possession of the reserria-
non Mr Hamilton's Interpretation of sec
non HISS of the Revised Statutes as cot
iorth IN paragraph of his letter. is so
unreasonable and absurd as to he hardIy
worthy of reply. 'uis
IL IS evident frcm the wording of rho
statute tnat it Is the duty of the score
tafS OF The Interior TO prevent tho inn
proper appropriation or occupation of any
OF the streets, avenues. squares or reservo
lions In the city of Washington heIoneinp
TO the United States, and to reclaim fhs
same If unlawfully appropriated II IL
also evident that the only case in which If
is within the discretion of the Secretary to
permit even the temporary occupation of
any public space is when such space NAV
be occupied by lawful authority and for
the legitimate purposes of the United
siates' 1t Is very apparent that 1t Is not