Evening star., 1898-05-07
LETTER FROM SENATOR MMILLAN
The Comments of Col. Bingham
on the Subject.
BILL SENT TO CON- RESS

OF the city. The senator suggested to the
Commissioners that they cause to be pre-
pared bill stating specifically what reser-
Vations should belong to the park system of
the District of Columbia, SO that there
might hereafter be no question as to the
park system on the one hand or the control
OF the Commissioners on the other in the
matter OF street parking. This is the more
necessary, the senator stated, from the fact
that, as he understood it, difficulty has
arisen in regard to the proper assessments
for improvements and the application of
the appropriation for paving around public
reservations.
The senator also suggested that the bill
should include a provision for the control
OF the wharf property. This subject, he
explained, was taken up by his committee
some years ago, but the tendency of the
cases in the courts made the efforts of the
committee of no avail.
The matter, he wrote, rs in such shape
now, l understand, that the control of this
property ought to be with the Commission
ers, and the property ought to be handled
Tor the benefit of the District of Columbia"
Col. Bfnghnm's Letter.
In the letter Col. Bingham addressed to
Senator Mcmillan he said:
1 see by the papers that the bill has
passed the House giving the Commissioners
OF the District Jurisdiction over the park
ing. This seems to me a very good ar
rangement, in general; but 1 venture to
suggest that the wording of the law should
De so amended that the triangular spaces
formed at the intersection of streets by the
intersections of parking should be placed
uhder the jurisdiction Of this office, because
tnese spaces can never be built upon being
property of the United States, and also be-
cause they form part of the park system
OF this city; They have always been re-
garded by this office as under it's jurisdic-
ton, but it would be better it seems to me
to have this specifically stated in the law.
also venture to mention that it has al
ways seemed to me that where parkings
are reserved In the center of a street or
avenue these should also be transferred IN
the Jurisdiction of this office, because thew
are really also part of the park system
and do not fall under municipal turisdic-
ton. as do the parkings Immediately in
front of houses
Reply of the Commissioners.
In reply to his communication Senator
Mcmillan has received q letter from the
District Commissioners, submitting the
draft of bill relative to the control of
wharf property and certain public spaces
In the District of Columbia.
Inc laws governing the control of wharf
property ana certain public spaces within
the direct lines in the District of Cot,1mbia
are somewhat obscure, so that it is uncertain
whether the control of such property is
vested IN the chief of engineers of the
United states army or in the Commission
ers OF the District of Columbia AS mat
Ter OF fact, 1t is claimed by both, and the
commissioners are and have been for some
Years. IN receipt of rentals for wharf prop
erty leased by them from time to time At
the same time, the validity of their action
Is SO uncertain that they have not been
abe in all cases to collect the rentals ac-
cruing under such leases. 1t seems quite
bot
ing the matter should be made positive and
clear. f'S "iiu
The first and second sections of the in
closed Dill relate to the control of wharf
property, and are so drawn that the control
of this property is vested either in the
cmeI OF engineers, United States army. or
IN the Commissioners of the District of
Columbla, as Congress in its wisdom NAV
I,hare 1ney M are modelled after the present
wharf laws OF the city Of New York
Three Classes of Parks.
1.-The remaining sections of the bill relate
10 the various parks and reservations in
the District. A close examination of these
parks shows that they consist of three
classes, namely:
Il. Original appropriations
2. Land acquired by purchase and set
aside for park purposes.
.. Street spaces at the intersections of
streets and avenues
with the first two classes the bill has
hotn1ng TO do, except as to such portions
OF them as may lie outside of building lines
and may be needed for street purposes.
II Is uncertain In whom the Jurisdiction
over the third class is vested, as the legis-
lation on the subject is obscure and con-
Trajectory. Under section 225 of the Re.
vlsed Statutes relating to the District OF
Columbia the District authorities have laid
out IN many OF the street spaces circles
ana other reservations Of various forms
for r.
ways or sidewalks. By agreement between
the District authorities and the CHIEF of
engineers, some of these have been placed
under the control Of the latter named off,
Ger. At the same time, there are a num-
Der Of such spaces within the District of
Columbia which the chief of engineers has
declined TO accept for park purposes These
spaces occur sometimes as trianeles traDe-
colds or circles, surrounded by roadways-
and at other times in the form of irregular
spaces formed by the parking at the inter-
sections OF streets and avenues.
~ Is very necessary that the laws con-
corning the control Of such spaces shouId
De positive and clear, more especially since
upon such legislation depends the distribu-
ton OF assessments for special improve
ments, such as sidewalks, sewers and wa
ter mains. and the expenditure of the an
preparation for sidewalks around public
reservations.
In appendix ccC of the report of the
chief Of engineers for the year 1904 there
appears a list of the various spaces claim
ed by the chief Of engineers as reservations
and public spaces under his charge, to-
gether with map showing their location.
This list contains all Of the parks and res
ervations in the three classes mentioned
above.
The Reservations.
The list Of reservations contained in the
proposed bill embraces. SO far as the in
formation Of the Commissioners can deter
mine. all of the spaces of the third class
which should at present be placed in charge
Of the chief Of engineers The spaces men,
toned in the list contained in appendix
CCC which are omitted from the bill are
confined to the first and second classes
mentioned, and to other spaces which
should not now be under the charge OF the
chief of engineers. either because they are
too small for park purposes or are en-
tirely covered by sidewalks or roadways. or
because they cannot be properly defined at
present on account OF the sidewalk, road
way and parking lines not being laid out
due to the lack of Improvement Of the
streets In which ting lie. The only excep-