The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-06
AFFAIRS OF THE DISTRICT
A Controversy Over the Two Alleys
in Square 1874.

HI ''u idlt = II.
The Attorney Submits nm Opinion
on the Legal Points InvoIved-EX-
emption of Trinity College Prop
erty-Convict Labor on the Streets.
Andrew B. Duvall, the Attorney for the
District. has submitted to the Commits
soners his opinion relative to the two al
leys in square l244. He advises the board
that the twenty-foot alley is a private
alley, while the twelve-foot alley is public
space The question at issue was raised
by Jesse II. Wilson, attorney for Timothy
O'Connor who, with other property own
ers in square 1874, protested against the
improvement of the alleys in said square.
Upon the points in controversy the At
torney says:
"The question submitted is whether the
twelvefoot alley opening upon p Street
and abutting lots 15l and 152 in square
l24i and the twenty-foot alley in the rear
of lot 152 are public alleys.
ION April &c, 1898, the Attorney for the
District of Columbia advised that these
alleys might be treated as public alleys,
and improvements are contemplated to be
made therein. Upon a survey of the al
leys it appears that certain buildings and
sheds encroach upon the area of the al
leys and the parties have been notified to
remove the distractions
1T is claimed in behalf of Mr.. OConnor
that the alley is not a public alley, not
withstanding its long use by the public;
his encroachment upon the alley consists
of parts of buildings and fence which
have existed for many years. If this al
ley has become q public alley merely by
prescription-that is, by long use-the eX-
tent of the rights of the public will be
limited to the extent and width of its
actual use.
THE history of these alleys appears
from the land records as follows: In
1852 Charles Beatty. one of the proprietors
Of the Beatty & Hawkins subdivision,
conveyed to Thomas CorcOran lots ISL,
l52. and 1853 in that subdivision, these lots
including the land embraced in the alleys.
In 1870 Thomas Corcoran conveyed to one
Duley p feet on Market now Thirty
third Street. running back alorg Third
(now p Street 100 feet to the twelve-foot
alley. In 1888 William W. Corcoran ct al,
grantees by mesne conveyance from
Thomas Corcoran, conveyed to John Mar
bury the adjoining 125 feet on Market
Street running back 100 feet to a twelve
foot alley The word alley in this
deed is without any qualification and may
properly be taken to mean public alley.
While no express dedication from
Thomas Corcoran appears of record, new
ertheless ! am of the opinion that a dedi-
cation would be presumed from these
deeds. and as to all hut the twenty-five
feet next to p Street the owners would
be estopred by this deed from denying the
public character of the alley.
Prom the above recited facts, I am of
the opinion that the 'twelve-foot alley
is public alley; and inasmuch
as the deeds show it to be parallel to
Street, the Surveyors lines
OF the alley are correct. showing en-
by O'Connor. Whalen, Blu
den. and Meyers & Alder But whether
their occupation by these encroachments
gives them any rights by actual posses
sion / am unable to say They certainly
have secured no such rights unless the
actual occupation has been for an unin-
corrupted period of twenty years.
AS TO the 'twenty-foot alley This al
ley is at right angles to the rear OF Ihe
1RelNe-fOot alley. 1t seems to have been
esta blished as private alley by Richard
Cruit. who bought the property from the
trustees of the Union Bank of George
town, who, at his request. conveyed a
portion by deed dated April is, 1881. which
deed recites that he had built four houses
on the land and conveys them by depth
Of 1870 feet TO twenty-foot alley laid out
for the common use of The owners and
tenants of the said four houses The |
title to this twenty-foot alley remained
in Cruit. and any subsequent use by the |
public apparently has been such permits
sive use as would not render it public |
alley.
Il am Of the opinion, therefore, that the |
'twelve-fUot alley to the full depth of I
l5e feet, is a-public alley, and that the |
alley is private alley.
Acting upon the advice of the As
SCISSOR. the Commissioners yesterday APP |
proved the application of Sister Lidwine, !
President of Trinity College, asking for |
A rebate on the tax bills against the |
of the institution, and that their I
part of the property be exempted from |
taxation. The Assessor, in his report. |
that the rebates and ex- |
emption be made on the ground that the I
is used exclusively for edu-
cational purposes. The following state |
ment of the case was made by Sister Lid 4
wine, in connection with her application: /
The original parcel of land. about /
twenty acres, for Trinity College. front
ng on Michigan Avenue, and directly |
south of Soldiers Home Grounds. was I
purchased in 1887; a second parcel was |
found necessary in order to obtain a
favorable building site, and about seven
additional acres were purchased in the !
same locality in the fall of 1899.
I'm this same fall QSS) we began the |
erection Of our buildings, and we have |
occupied them, and are carrying on edu- |
cational work here since last November |
Our buildings are only partially erected, |
as extensions and other separate build |
ings Will be erected in the near future. I |
judge that we will require fourteen or |
fifteen acres Of this piece of land for |
educational purposes-roads, walks court |
yards. tennis grounds, etc.
Trinity College is entirely devoted to |
the higher education of younH women, |