The times. [volume] (Washington [D.C.]) 1897-1901, 1898-03-13
IMPORTANT OPINION RENDERED.
1t May Seriously Effect Numerous
Property Owners.


The District Commissioners Yesterday
received report from Attorney Thomas
in reference to the public alley marked on
the early maps of the city and now occu-
pied by the National Hotel building. at
the corner of Sixth Street and PennsyI-
vania Avenue.
Mr.. Thomas says in his opinion that he
has again considered the Senate bill to
relinquish the interest of the United
States in part of the alley occupied b.
the building, which. in view of a copy OF
an opinion by Hugh T. Taggart from an
abstract of title prepared by him for the
United States relating to property ac-
quired by them in square p. in this city.
for the use of the Signal Corps of the
United States Army. was recommitted TO
him for examination and report.
Mr.. Tagsart, it seems. decided that a
Mr.. Ferguson had rights in a portion OF
the property. including parts of an alley
to which title had been acquired by the
Government. Mr.. Thomas SAYS. hOwev-
er, that he does not think the cases cited
by Mr.. TagSart establish the proposition
that the fee simple to the original alleys
in this city is in the abutting lot owners.
He does not understand that the Supreme
Court intends to hold that in the case of a
square divided into lots, like square 491.
part of which in the division remained in
the United States and part of which was
assigned to the original proprietors. that
such proprietor or his assigns acquired
the title TO the alleys
The preliminary agreement between the
United States and the original proprie-
tors of the Federal city. dated March 50.
1871. which gives a history of the division
of Washington into squares and lots. is
quoted by Mr.. Thomas He says it was
finally decided by the Supreme Court that
the deeds of the original prOprietors to
the United States of the land of the city
vested title in the Government so COM
pIetely and Internationally that Congress
might lawfully dispose of the streets to
private persons or convert them 10 any
use whatever.
In the deed from the original prOprie-
tors the streets and public squares are
declared to be conveyed for the use of
/ the United States forever" and the word
| alley does not occur. But it viii be OBJ
served. says Attorney Thomas, that the
deed conveyed all the land of the original
+ proprietors. including the area of the al
/ leys in the squares afterwards laid out.
I In my Judgment the title of land in the
! original alleys iii the squares of the city
| of Washington is as absolutely in the
/ United States as is the title to the streets
and public squares of the city. 1t was
never the intention. l think. that the fee
simple title TO the alleys should remain
in the original proprietors. The idea
was. as expressly stated in the agree
ment of 1871 that the lots only which
shall be laid of shall be the joint proper
~.
THE United States has uniformly
claimed title to the original alleys of this
city, and the acts of Congress have al
ways recognized the title of original alleys
To be i'm the United States
The amended and original charters OF
the city and acts of Congress on changes
and formation of new alleyways are
quoted by Mr. Thomas, all upholding his
views on the subject. and he concludes by
saving that he is unable to arrive at any
other conclusion than that the fee simple
title to the alley in question is in the
United States.
What the result of his opinion viii be Is
not known but il gives the Commission
4 ers a right TO order all buildings removed
from public alleys Such an order in IN:
case in question would mean the denoh
ton of parts of a building that has occu
pied this public ground for years