Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-27

Smashing the Organic Act
The local attack upon the proposed Penn
svlvania avenue site for the public library
has resulted as The Star feared. The as
sauIt upon Pennsylvania avenue as the To-
cation of public buildings has been echoed
in the Senate and in abandoning the avail
able site proposed the friends of the library
find themselves confronted by the public
sentiment. sound and wholesome. if some
times sweeping and indiscrimnate. which
protects the city parks.
If senators are not able to see any differ
cnce between the status Of the so-calIed
Mt. Vernon Square and the parks of the
city. the reservations set apart in the be-
ginning for such public use and held in
trust for that purpose, then the Mt Vernon
Square proposition should he unhesitatlngly
ncsatiyrd 1t would be better for Wash
ington that the library project should be
compelled to run the congressional gaunt-
let toward a public building appropriation,
and be buffeted about by rival property
owners with eligible sites to sell, than that
a direct precedent should be set. with the
assent Of the people of the capital, under
which the city parks could be systematical-
~ cut up into public building sites. The
entire loss Of Mr.. Carnegie's donation would
be insignificant as a blow administered to
the capitals welfare in comparison with
this disastrous precedent.
II is to he remembered, however. that Mt
Vernon Square so-caIIed is not an original
reservation set apart for park purposes;
that II is created entirely by the confluence
of certain streets and avenues; that the
legal title to street surfaces in W ashington
is. according to the decision of the highest
judicial tribunal, in fee simple III the United
States. uneHcumbered by any trust or any
equity whatsoever; that the United States
which could legally even sell the ground
for private uses devoted il over fifty years
ago to municipal public building uses by
assigning it for market purposes; that the
ground has been legally and was. in fact,
for many years the site Of public structures
the Northern Liberties market buildings
and that the removal of these structures
was not in pursuance OF any change OF
mind the part of the government as to
the uses to which this ground should be
put.
The public library is now under the law
branch Of the municipal government under
the organic act of 1878. 1t is pronounced
"A supplement Of the public educational
system" Il is maintained on the same ba-
sis the public schools Permanent and
adequate quarters for its accommodation
are Required by the law to be provided in
the proposed municipal building the bill for
the erection Of which has passed the Sen
ate. It's wholesome, if gradual develop
ment as a branch of the municipal admin
istrauun is assured. The proposition to
take exclusively from that portion of the
District revenues which is contributed by
individual local taxpayers several hundred
thousand dollars 10 buy site for the IL
brary involves the same sort of violation
OF the organic act that would be committed
in arbitrarily applying the same trust fund
without the proportionate national coutri-
button in the purchase of a new school site
THIS precedent Of a wholesaI. violation of
the organic act would be as disastrous to
the capitaI's elfare as that of spoIidtion of
the parks in the search Tor building sites.
In urging the acceptance Of the Penns;I-
vania avenue size this paper said: The
Star desires that the parks of the capital
shall be preserved; that the organic act
shall b mi l1ained in respect to the public
library as in al other municipal items, ana
that llr. Carnegie's offer snail be utilized
ana made available. and not be lost in
eonsressionaI blockade or in the frantic
rivalry of property owners with eligible lots
TO sell
The objections 70 the avenue site are small
indeed compared with the evils threatened
by the proposed alternatives. Congress in
frown.us upon the avenue proposition, ana
in wisely protecting the parks should not
suggest a smashing of the organic act for
the Hbrsry's benefit. 1t mas been as much d,
tradition of the Senate 70 preserve this law
as 70 preserve the parks.
If MI. ernon Square is TO be treated as
a park, why not reconsider the abanGon-
ment Of the Pennsylvania avenue PROPOSE
tCn: If owners of eligible sites will not
permit the use Of this public property
already available, why not meet the spirit
Of Mr.. CarncgIc.s condition that the site
should be provided by Congress by making
the appropriation for that site as for other
municipal purposes under the organic act
on the only just ana acceptable basis?