Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-19

Fort Myer. in Alexandria county Virginia, MS
the bet Of land s e the
and after SATURDAY. September %, 1899.
HOWARD +. MARsHALL
Trustees.
Briefly stated. the above notice is in
tended a challenge to the government to
a legal contest over what is known as the
Military road leading to Fort Myer, Vir-
ginia. A portion of this highway, which
was constructed before the of the re-
bellon. passes directly through the old
Murray tract" in Alexandria county,
lying south of the village of Rosslyn, and
embracing nearly fifty acres of valuable
land OF this extensive tract about two
acres. it is claimed. occupied by the
Fort Myer road, without any compensation
being paid the owners of the property by
the government. Since its construction
this road has been generally used for gov
eminent and other public purposes.
The apparent intention of MeSsrS. H.
Rozier Dulany and Howard P. Marshall,
trustees of the property, to close a portion
of this highway has aroused an interesting
legal question.
1t appears that prior to the year 1890
when the present owners came into posses
sion of the tract, having purchased it from
the Murray heirs. annual rental was
paid by the War Department for the priv
ilege Of using the road. On several coca
sions since that time demands have been
made upon the government it is said. for
renewal of the old rental agreement, but
without success
The contemplated action on the part of
the present owners includes the temporary
closing of the road Saturday next. pending
a final settlement of the controversy in the
courts. 1t is expected that arrests for OBJ
structing public highways will follow the
attempt to close the road by the trustees,
in which event habeas corpus proceedings
will be Immediately instituted by the own
ers. A contest for possession of the prop
erty will then follow in the courts. Mr..
Morgan Fl. Beach of Alexandria is attorney
for Messrs. Dulany and Marshall.
Purpose of the Government.
Inquiry was made at the War Depart
ment today in regard to the proposed ac
ton of Messrs. Dulany and Marshall, and
ELECTED the information that the govern
ment does not propose to be made a party
to any legal controversy over the so-caled
Military road The matter was fully in
vestigated by the legal officers of the de-
partment, including Major j. n. Morrison
of the judge advocate generals office, some
time ago. This investigation satisfied the
officials of the War Department that the
road in question is public highway, and
as such is under the jurisdiction of the
county authorities, the United States gov
eminent having no more rights in the prem
ises than any private individual who might
find it necessary to use the road for bust
ness pleasure.
A search of the records showed to the
satisfaction Of the War Department off
Gals that the road was a public highway
when the land was surveyed in 1886, and
that its character had not since been
changed. 1t is admitted that the govern
ment paid a rental for the use of the road
some years ago, but that it done UNI
der a misrepresentation of the facts. Briefly.
the position of the department is that the
road. being a public highway, the govern
ment has no more right to its use than in
dividual citizens, and that the government
is not called upon to keep it open or to keep
1t in repair
The War Department has had consider
able correspondence on this subject, eX
tending over long period of years. The
present status Of the case. far as the
War Department is concerned, is clearly
indicated, however, in the correspondence
that has passed between the parties in in
terest during the present month
Under date of September II last Mr.
Beach Informed the Secretary of War that
In order to obtain a decision the rights
of my Chis) clients H Rozier Dulany and
Howard F. Marshall trustees, to that por-
ton of the So-called Military road which
passes through the Murray tract in Alex
andria county, Va, my (his) clients will
close the road so far it traverses their
land, on and after Saturday. September 90
1sT' Due notice will be given the public
by advertisement in the newspapers and
ment'
Gen. Lieber, judge advocate general to
whom Mr.. Beach's communication was re-
ferred, returned it to the adiutant general
with the following Endorsement:
Alexandria County Records
1.-THE records of Alexandria county, Vir-
ginia, show that the land of Dulany and
Marshall, referred to by Mr.. Beach in this
notice, was surveyed in 1896 and that this
road located Job,
them and it is therefore, now a public
highway. The fact that the United States
has been expending money on it from time
to time to improve it could not divest it of
its character as a public highway. Nor
would the fact that the qua rtermaster's de-
partment of the army paid certain claim
ants monthly for several wears a demand
they made for rent have the effect of de-
prtving the public of its rights
Il recommend that the post commander
at Fort Myer be instructed to furnish
copy of this report to the county attorney
for Alexandria county, and to take no fur
Their notice of the proceedings threatened
by Mr., Beach, but to rely on the proper
officers of the state of Virginia to keen
their public highway OPEN
Secretary Root has decided to follow the
course suggested by the judge advocate
general copy of the judge advocate
generals opinion has been sent to Attorney
Beach, and the government will take no
further proceedings in the matter.
In case the claimants are permitted by
the county authorities to close the road it
will probably become necessary to change
the present means of transportation be-
tween this city and Fort Myer from the
present route from the Aqueduct bridge to
a more roundabout route by way OF the
Long bridge. The closing of the road will
embarrass the military authorities to that
extent, but will not have the effect of shut
ting off access to the Fort Myer reserv&-
ton.