Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-22
ALLEGED TRESPASS
District Accused of Unlawful Oecu-
pancy of Ground.
4 PORTION OF MICHIGAN AVENUE
Protest Filed by the Directors of
GIenwood Cemetery.
PROBABLE LITIG ALTON

The exact status of Michigan avenue has
never been determined, end while the Com
missioners are preparing to open the same
there some interests, it Is understood,
which must be satisfied before the work
can be done. The most important Of these
is that of Glenwoot cen etery. Today Sec
rotary Clephane Of the cemetery company
wrote the following letter to the Commits
sioners upon the subject:
AT a meeting of the board of trustees
of the Glenwood cemetery. held yesterday
afternoon. l was directed, as secretary
Of the board. to communicate with You
Upon the subject CT the rights of the Glen
wood cemetery in and to that portion of
the grounds known as Michigan avenue,
which is included within the limits of the
land owned by the cemetery corporation.
What the Records Show.
1T appears from the records of the Glen
wood cemetery, and must also appear from
the records of the Commissioners, that in
1887. when the board of Commissioners of
the District of Columbia conceived the
idea of projecting the road to be known
as Michigan avenue through a portion of
TIE grounds belonging to the said GEM
etery, they vere notified by the then Sec
Ietary Of this board that the trustees
would OF object to lawful proceedings of
ccnden nation but that they were 'un-
able to. donate said strip of land for q
pubic Highway This statement that there
" ould be no opposition to a condemnation
was a-so coupled with a proviso that other
streets then projected through the grounds
of said cemetery should be abolished from
the plan of the Commissioners. A letter
from the secretary of your board, dated
October 81. 1887. agreed to this change in
the plans of the Commissioners, in con-
sheraton of the cemetery company with
drawing its opposition to the proposed
condemnation of Michigan avenue.
Roadway Seized.
Notwithstanding the agreement made
upon that subject, as aforesaid, the land
tor the proposed roadway was seized and
entered upon by the officers and agents of
the District of Columbia, the fence of the
cemetery removed, trees then growing upon
the land cut down. and the surface of the
ground changed and graded, and other in
juries done to the cemetery property. all
without the slightest attempt to condemn
the ground thus taken or to pay compensa-
ton therefor. or damages for the injuries
thus inflicted, and without the consent of
the Gienwood cemetery to those proceed
II gs.
Numerous protests against this high
handed proceeding have from time to time
been made by the board of trustees of the
cemetery. and a considerable amount of
discussion and conference has ensued be-
tween the representatives of the District
of Columbia and representatives of the
cemetery company, but all without result,
and no compensation has as vet been made
or damages paid.
Positive and Definite Action.
I'VE have deferred action in the matter
from time to time. believing that it would
be eventually adjusted to the satisfaction
OF all parties concerned: but the District
officers have continued to spend money in
grading and improving this roadway, in
and over which they nave not and never
had the slightest right, and in exercising
such other unequivocal acts Of ownership
as to lead US to take some positive and def
mite action We adhere to our former posi-
ton. namely, that we have no objection
to this roadway being laid out along the
ecSe of our grounds, provided we are prop
erly compensated for the land appropriated
therefor. but We have 10 power to sell
foot of this land for single cent below its
actual value. and we would certainly be ex-
ceedingly Gerelict in our duties should we
longer remain quiet and refrain from as
sorting our rights.
while we do not wish to Inconvenience
your honorable body or the citizens of The
District of Columbia in the slightest de-
gree, still there are, you know, certain
safeguards which it is necessary to take in
order to protect ones rights should they
subsequently come into litigation.
The UItfmat um.
I've must therefore request from you,
gentlemen, either an immediate, unequiv-
ocal statement of your abandonment to all
claims in and rights to or over land now
occupied by Michigan avenue. and which
forms a part of the land owned by the
Glenwood cemetery; that you replace
our fence in the same position as 1t was
located prior to the unlawful appropriation
of this roadway, that you enter into
some written agreement with us to pay
what this land is worth should you desire
to retain It. In either of these events we
shall. of course, insist upon damages for
the injuries committed, and upon payment
for the timber and other property actually
taken.
In case you cannot see your way clear
to take action in any of the directions
above suggested or in some other way
equally efficacious in acknowledging our
rights in the premises, we shall be obliged
to replace at the expense of the District
our fence and close the road to public use
and further to take such action in the
courts as We may be advised is proper un-
der the circumstances