Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-01
THE CITY BOUNDARY LINES
Opinion Rendered by Attorney Thomas Upon
Disputed Points.
Question as to Ownership of Streets.
Avenues and Alleys Also
Discussed.

veyor. which had been referred to him, one
Of which had reference to the outline of
the city of Washington and the other dis
GUESSING the ownership of streets. avenues
and alleys. upon both of which points the
attorney was asked to give an opinion.
Mr.. Thomas says:
In regard to the boundary of the city
of Washington, the act of Congress OF
July IL. 17sO. establishing the temporary
and permanent seat of government of the
United States. authorized the commission
ers (who were to be appointed by the Pres
dent to purchase and accept such quanti-
~ of land on the eastern side of the Po-
tomac. within the District (Columbia) as
the President shall deem proper for the
use of the United States. March 3d. 1871,
Dobert Porter aid eighteen other pro-
rrietors agreed to convey their lands to the
Pre- sident of the United States. or commits
sioners or to such person or persons as
he shall appoint. by good and sufficient
deed in fee simple. which the President
might think proper to include within the
lines of the federal city.
Quoting the agreement and reciting the
action of the President in the matter
MIR. Thomas says:
The EIIicOtt Plan.
1.-The E1licott plan of the city was en-
graved and published. ana was considered
the only legitimate and authentic plan of
the city of Washington.
March 2, 1877. President Washington, in
pursuance of the power given him. ex-
ecuted an instrument of writing N which
ne directed the trustees. Thomas Beall of
Georgetown and John NJ. Can't, nominated
under the agreement executed by the orig
mai proprietorS, to convey to the United
States commissioners. Thomas Johnson. d.
Stuart and ID. Carroll. all the streets. pub
lie reservations. &c, as ielineated on the
(Ellicott plan said to be annexed.
Ellicctts engraved plan of the city was
promulgated throughout the United States
with explanatory notes annexed. This was
done an inducement to the purchase OF
lots belonging to the United States for the
purpose of raising funds to pay for land
appropriated to the United States, not in
Guiding streets. and to defray the expenses
of erecting buildings and other public struc-
lures. for which the appropriations of the
states Of Virginia and Maryland were Meth
er sufficient CT available at the time, Con-
gress having authorized ;he United States
commissioners to sell at public auction
from time to time such of said lots as might
be deemed desirable.
boundary Street.
THE Elicott engraved plan does not
show Boundary street. or. as it is now
called. Florida avenue nor does the Der
moot or Tin case map. published in 1IyI-S,
but on the earliest plats of the city. in
the Office of the surveyor. the squares abut-
ting on what is now known as Florida ave
nue. call for the street that bounds the
city
The King map of the city of Washing
ton. prepared in 1879, shows the street
that bounds the city boundary street or
Florida avenue to be eighty feet in width.
Mr.. LOCKER, in his letter the outlines
of the city of Washington. suggests that
the exterior line of Florida avenue, or pres
ent Boundary street, is probably sixteen
and one-half feet outside of and parallel
To, mo. hon dor line Of hi.
from Rock creek to Sth street northwest
as given in my letter of oath uitimo. but
from Sth street northwest to 18th street
east, the present exterior line of Boundary
street, probably comedies with the original
boundary line, and this brings us to the
Eastern branch.
While Boundary street or Florida ave
nue.. from Rock creek to Sth street west.
may not clearly and affirmatively appear
to ne wholly within the original lines of
the city. l think, the obscurty is to be ac-
counted for by the obliterat ton or removal
of boundary stones in the march of street
improvements since the date of the kiLg
map. and especially during the time OF
the late board of public works, from ISL
to 1874. am inclined to the opinion also
from the data at hand. that the present
Boundary street for its entire length is
within those lines.
King Would Know.
1T is not at all likely, if what is known
and Sth street northwest was not entirely
within the original lines of the city, that
so skillful and experienced an engineer as
Mr.. Nicholas King would not nave noticed
it. From his profession. and his official
relations to the city i'll 1893, Nicholas King
must be taken to have been intimately ac-
quainted with its boundaries. He must also
be taken to have Lad access to the sur
veys and field notes of L'Enfant Elliott
and Dermott. 1t is not to be inferred 1
think, that if Boundary street from Rock
creek to Sth west had not been within the
original lines of the city. Mr. King would
have laid 1t down on SO important Il public
document as map of the city.
His act is in keeping with that of the
United States commissioners in preparing
list OF the squares of the city in 1885 All
the squares fronting Boundary street call
for the street that bounds the city, This
street that bounds the city would hardly
have been referred to by the United States
commissioners if it had not existed in fact
IF the King map had not been accurate
il would at some time have been chal-
lenStd. certainly in so important matter
as Boundary street. eiglty feet wide from
Rock creek to Sth stree; west.
Mr. Peter would have objected. for it is
to be remembered that he was the owner
of the tract of land on the north side OF
the city adjoining Boundary street, from
Rock creek to 10th street west.
The public records further show that
of Mr.. Peter in respect of some of his
property rights. In 1888 he correspondent
with the United States commissioners in
regard to wharf privileges claimed 10y MIR.
Peter. 1t is extremely improbable unde"
these conditions that he would have laid
out boundary street over Mr.. Peters land.
After a somewhat elaborate investiga
ton | have been unable to find any judicial
decision on the subject.
Title to Streets.
LAS to the title to the original streets,
avenues and alleys in the city OF Wash
ington. it is in the United States in fee
simple tVan Ness agt. corporation of Wash
ington, Pet. 24:0
The title to the streets, avenues, roads
and alleys in that part of the District out
side of the city of Washington. previous
to Georgetown becoming part of it, varies
but is generally in the abuttinS property
owners. the public having only the use for
purposes of highways.
In the city of Washington the title to
alleys and minor streets laid out by private
individ uals is generally in the abuttng lot
owners. subject to the use by the public for
highways.
LAS to the part of the city. formerly
known as Georgetown. the title to the
streets and alleys is in the abutting lot
owners subject to the use by the public for