Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-13
MICHIGAN AVENUE TITLE
Proceedings for Condemnation Through Glen
wood Cemetery Declared Void.
Opinion of the Attorney for the Dis-
trtct Submitted to the Commits.
siOnera II It's Text.
AVENUE TITLE

A question has arisen as to the District 8
title to Michigan avenue. through the Glen
wood cemetery and the attorney for the
District has decided, in an opinion rendered
to the Commissioners, that the condemna-
tion proceedings of 1877 to condemn that
avenue through the cemetery were void.
for want of jurisdiction, and that the Dis
trict's title to the avenue through that
property is void.
In his opinion upon the subject Attorney
Thomas says:
Whether the District has title to this
avenue. so far as it is laid out through the
lands of GIenwood cemetery, depends upon
the regularity of condemnation proceedings
taken to acquire it, in 1887. Those proceed
irgs were taken under chapter NJ of the
Revised Statutes of the United States, re-
lating to the District of Columbia.
Glenwood cemetery was Incorporated
under the name of The proprietors of
Glenwood cemetery of the District of Co.
lumbia by Congress, July 81 1854 90 Stat,
$50. The charter provides that the ceme-
terry shall have power to purchase and
hold not exceeding one hundred acres of
land in the District of Columbia north OF
the limits of the city of Washington; to
sell and dispose of such parts of said land
as may not be wanted for the purposes of
a cemetery; provided that at least thirty
contiguous acres shall be forever appropri-
ated and set apart as a cemetery.
And that the said company shall have
power to lay out and sell and dispose of
burial lots etc.
Relating to ThOrOuEhfares.
Section provides: That no streets,
lanes, alleys, road or canals of any sort
shall be opened through tie property Of
said corporation, exclusively, and appro-
priated to the purposes of a cemetery. Pro-
vided, That nothing herein contained shall
authorize said corporation to obsrruct any
public road. or street, or lane, or alley now
actually opened. and used as such.
Section exempts the land of the COM
pany dedicated to the purposes of cem-
etery from taxation of any kind, and no
taxes appear to have been paid on any Tart
of the tract of ninety acres owned by the
cemetery.
In 1877 the charter was amended 90
Stat, $3.50 so as to change the name of the
corporation to The Glenwood Cemetery to
enlarge the board of trustees from three to
five, &c, &c.
Charter Construed.
THE charter and amendment was con-
strued by the SUPP eme Court of the United
States, in Close VS.. Glenwood Cemetery
GO7 U. S. 1860 on bill filed by Close in the
Supreme Court of the District Of Columbia
for a conveyance of the whole of said
ninety acres of land on the ground that
the corporation had never accepted the act
of 1854; had never formally organized under
it, and that the land, except such burial
sites had been sold, had not been dedi
Gated to burial purposes, remained his
private property, but it was held by the
Supreme Court that the entire tract of
ninety acres had been dedicated to burial
purposes. This being SO, the municipal
authorities were without jurisdiction, in
1887. to institute proceedings TO condemn
Michigan avenue through the property OF
Glenwood cemetery.
I'm addition to this (section 2jO chapter
NJ of the Revised Statutes of the District
under which the proceedings were ins.i-
tuted, provides that new roads laid out
under that chapter shall be of not less tnan
fifty, nor more than 100 feet in width 1t
seems that Michigan avenue was, in fact,
laid out 80 feet in width.
The JurisdfctiOn.
Assuming that the municipal authorities
had jurisdiction to lay out a road through
the lands of Glenwood cemetery which l
think is more than doubtful they exceeded
their power in undertaking to lay out the
avenue more than 100 feet wide, and for
that reason also the proceeding was
nulity.
My opinion is the proceedings taken by
the District authorizes in 1877 to condemn
Michigan avenue through the lands of
Iienwood cemetery were void for want of
jurisdiction, anG that the Districts title to
that avenue is, therefore. not good"