Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-18
SITES FOR LIBRARY
Inquiry Concerning Origin Of Title to
Reservation 7.
OPINION OF ATTORNEY s. 7. THOMAS
U. S. Property, Subject to Rights
of Center Market
MOUNT VERNON SQUARE

The District Commissioners several days
ago called the attention of the attorney for
the District to a suggestion made to them
that reservation No. Z, the site of what is
known as the Center market was given to
the District by a citizen, and that there
was attached to the grant condition That
the land should be retained for market
purposes. 1t is upon the north half of this
reservation that it is proposed by the
Commissioners to place the public library,
for the erection Of which Mr.. Andrew Car
negie has agreed to give s250,OO0. In lett
ter to their attorney the Commissioners re-
quested him to ascertain the origin of the
title to the reservation, and to state
whether in his opinion, there is any such
condition annexed to the grant as was
suggested to them
In an opinion rendered today by the Dis
trict's legal adviser the following Is ned
by him.
There seems to be some impression In
the community that the land comprising
the public reservation between 9TH and 9th
streets and Pennsylvania and Louisiana
avenues and B (CanaD street in this city
was granted to the city of Washington by
Motley Young, one of the original proprle-
tors. on condition that it should be used
for market purposes, and that whenever 1t
ceased to be used for such purposes 1t
should revert to the grantor, his heirs and
assigns.
ne AAcSoTus.
IAN investigation of the original land
records of the city shows this not to be
the case. In the agreement between the
original proprietors and the United States
commissioners for the division of the land
forming the site of the city of Washing
ton is the condition. and others, that:
The President shall have the sole power
of directing the federal city to be laid off
in what manner he pleases. He may retain
er for any public improvements or other
public uses, and the lots only which shall
be laid off shall be the joint property be-
tween the trustees on behalf of the public,
and shall be divided between the public and
the individuals as soon may be after the
city shall be laid off. For the streets the
proprietors shall receive no compensation,
but for the squares or lands in any form
which shall be taken for public buildings
or any kind Of public improvements or uses
the proprietors whose lands shall be so
taken shall receive at the rate Of f25 per
acre, to be paid by the public
1T appears that President Washington
retained seventeen appropriations or res
ervations, as they are now called. Appro-
priation Nc. 7, which is now known as res
ervation No. 7, was one of the 'appropria-
tons of land retained by President Wash
ington for public uses.
Preservation 7 was retained from the
land of David Burnes, one of the original
proprietorS. and not from Motley Young.
David BurneS was pdlQ 1Or the lana retain
ed from his estate by the United States, as
is shown by the ledger account with him.
at the rate of EDS per acre. This account
is now in the Office of the commissioner of
public buildings and grounds, at the War
Department.
Used for Market Purposes.
Preservation No. Z appears to have been
used from an early period in the history of
the city down to 1S7O-71 for market pur-
gress incorporated the Washington Market
Company, and, in consideration of certain
rentals to be paid by it to the city, granted
to it reservation No. for period of nine
ty-nine years, on condition that it erect
thereon certain buildings.
THE deficiency bill approved March 3
1873 az Stat, $40, contains the following
clause:
For the purchase by the United States
of the interest of the District of Columbia
in the present city hall building in Wash
ington, now used solely for government pur-
poses, such sum as may be determined by
three impartial appraisers to be selected by
the Secretary of the Interior not exceeding
10000, the same to be applied by said Dis
trict only for the erection of suitable
building for the District Offices and the
governor and board of public works are
authorized, IL they deem it advisable for
that purpose, to make arrangements to Sc
cure sufficient land fronting on Peunsyl-
vania and Louisiana avenues between It'll
anu 3ln streets, PROVIDED, mat the govern
ment of the United States shall not be IL
able for said land or for the purchase
money therefor or for the buildings to be
erected thereon; and no land the use
thereof is hereby granted for the purpose
of erecting any building thereon for such
building
Site for District Building.
"The market company released to the
District the northern part of said reserva-
ton and the board Of public works began
the erection of a District building thereon,
but after some excavation for cellar the
work was abandoned.
THE title to this reservation is in the
United States, subject to the right of the
market company as to the portion Of 1t re-
manning after the release to the District
in 1873 and subject, also to the right of the
District to erect a municipal building on the
northern part of it IL Congress should ap-
propriate the money to enable 1t to do So"
The Avenue Site.
To the Editor of The Evening Star:
The excellent reasons given by The Star
in its advocacy of the site on the avenue
and 7th street for the new library would
seem to require no Endorsement but j would
like, in the interests of a speedy and har-
monious settlement Of this important ques-
ton, to add few suggestions corrobora-
tory of the reasons already given for choos-
ing this site. First, as to noise and confu-
sion about the building, this is not likely to
be more the case on this site than 1t is with
the Boston Public Library, in Copley
Square, or than it will be with the New
York Library, on 9Th avenue and 42d street.
These sites really down town. sites.
and will be more and more in the center of
travel and traffic and business of all kinds
The Stars argument that the new building
will be more a resort for loanng books than
for prolonged study OF them is true and to
the point, and there is no incongruity in
having the center of supply for the citizens
intellectual food placed side by side with
that of his body's leeds. 1t will be as easy
for the mother or child to get to the library
as when marketing: one fare will accom-
pllsh both important errands, and this saw
ing TO the average population is no small
item of account Second, as to the site not
being central to the residents. Whatever
one may say of the shifting "centers Of
population in other cities, this we may,
mink, truly assert of Washington, that as
long as the American seat of government
Is here the center of Washington will al
ways remain that portion of Pennsylvania
avenue between the Capitol and the treas
ury.