Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-08-04
CONTEST THE RIGHT OF WAY
Issue Raised Between Glenwood Cemetery
Company and District.
Officers Stop Erection of Fence Across
Michigan Acknowledgement by
Secretary Clephane.

Lieut., Kenney of the eighth precinct was
informed by an officer yesterday afternoon
| that the authorities of Glenwood cemetery
were opposing the Districts right of way
along Michigan avenue on the northwest
| ern boundary of the cemetery by erecting
a fence across the thoroughfare. He imme-
| diately placed two officers there with di-
rections to have the fence removed and to
interfere if its erection should again be
| attempted. He reported the facts to the
| District Commissioners, who approved his
! action and orders. and today two policemen
| are again guarding the point.
| 1t is contended by the District author
| tiles that in 1888 the District condemned a
| right of way through the cemetery property
! tor three reads, but that later at the re-
| quest OF the cemetery people, the District
rennqulshed two OF them upon the repre-
| sentauon that the cemetery authorities
| would make no objection to the proposed
| highway TO be known as Michigan avenue.
| 1t is also claimed that the District has
| expended about 5000 on the thoroughfar
/ in question, although the cemetery COM
/ pany presented bill to them Tor damages
anu compensation tor the of their
properly Tor highway purposes, declining
10 recognize the District rignt 10 MAINTAIN
| the ROAD. 1t is also said that the company
! meantime sold to the Sisters of Notre
| Dame d certain part of the northeast sec
| ton OF the cemetery grounds bordering on
| Michigan avenue, reSerVing the avenue as;
| a highway. and also Teserving any claim
| Tor damages against the District.
| congress recently appropriated the sum
| of 5000 for the purpose of widening the av-
| ehue 10 100 feet and 1t was, 1t is supposed
| by the Commissioners, to prevent the car
| rying out OF This improvement that the
| cemetery authorities attempted to erect the
| fence yesterday.
The matter will probably be taken into
| the courts, for it is said that unless the
| cemetery company files a suit to enjon the
| District Commissioners from prosecuting
| the work of Improvement the Commits
| sioners will seek to have the company en-
| Joined frcm interfering in any manner
| with them.
| Statement by Mira CIephane.
! In reference TO the foregoing Mr. w. c.
| Clephane, secretary of the Glenwood Gene
| terry Company says:
In the year 1887 the Commissioners of
| the District of Columbia conceived the
l idea of projecting public highway TO
| feet wide along the northwestern bound
! airy OF the lands then used by the cemetery.
| where the lands join the Soldiers Home
| grounds. This was done, it was said in
| order to make 4 boulevard from North
| Capitol street extended northeasterly along
| the line of the Soldiers Home to the Hare
! wood road. The trustees of the cemetery
agreed not to oppose Il legal condemna-
ton of a strip of land for this purpose
but stated that they We're unable to donate
the land for the proposed street.
TIE Commissioners then proceeded with
out any condemnation proceedings what
soever to lay out this road without in any
way compensating the cemetery for the
land taken. Protest was Immediately
made. and the Commissioners have been
repeatedly notified that the trustees would
hold the District responsible for the dam
ages done, and for compensation for the
land taken. Notwithstanding this, the
Commissioners have from time to time ex-
ls,yg # he I'm
improving the roadway of this so-called
street.
The matter was finally referred to the
attorney for the District for his opinion
and last summer he submitted report
which was published in full in The Star at
the time. holding that the proceedings
taken the part of the District were void
and that the District had no title to the
land taken.
Notice to Commissioners.
I'm October, 1897. the secretary of the
board of trustees of the cemetery wrote
the Commissioners that it had become nee
essary for the Glenwood people to assert
their rights, and unless the District should
formally abandon it's claims the cemetery
authorities would close the road to the pub
lie use by erecting a fence across it.
TO this letter no reply was ever received
presumably because the District officers
knowing that their position was untenable
could make no adequate response. Accord
ingIy the board of trustees of the cemetery
at its last meeting. resolved to erect the
fence, as threatened and work was COM
menced.
There is no conflict between the Com
missioners and the cemetery company. ON
the contrary, the cemetery people are act
ing strictly within the lines of their rights
as laid down in the opinion of the attorney
for the District and the board of trustees
of the cemetery, having in their care the
| interests OF the lot owners, will proceed
to enforce their rights as they deem proper
1T IS well TO add that the road known
as Michigan avenue is 10 part of the
grounds used for burial purposes but runs
along the northwestern edge of grounds
recently sold to the Sisters OF the Notre
Dame, ard does not even skirt the tract
now owned by the Gienwood corporation