The times., 1901-04-06
AFFAIRS OF THE DISTRICT
A Controversy Over the Two Alleys
in Square 1874.

The Attorney Submits an Opinion
on the Legal Points InvOIved-EN-
cmptfon of Trinity College Prop
erty-Convict Labor on the Streets.
Andrew b. Duvall, the Attorney for the
District has submitted TO the Commls-
Sioners his opinion relative to the two al
Ieys in square l24. 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 12A, 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
twelve-foot alley opening upon p Street
and abutting lots 151 and 152 in square
12l4 and the twenty-foot alley in the rear
of lot 152 are public alleys
ION April 26, 1885, the Attorney Tor the
District Of Columbia advised that these
alleys might be treated as public alleys
and improvements are contemplated TO pe
made therein. Upon a survey Of the al
leys it appears that certain buildings ana
sheds encroaeh upon the area of the al
leys and the parties have been notihed 10
remove the distractions.
1t is claimed in behalf of Mr.. OConnor
that the alley is not public alley, not
1yithstanding 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
lev has become a public alley merely by
prescription-that is, by long use-the eN-
tent of the rights of the public will be
0d MI a
actual use.
The history of these alleys appears
from the land records as follows: IN
1q2 Charles Beatty. one of the proprietors
OF the Beatty & Hawkins subdivision,
conveyed To Thomas CorcOran lots ISL
l52. and 153 in that subdivision, these lots
including the land embraced in the alleys
In 1870 Thomas Corcoran conveyed to one
Duley y feet on Market now Thirty
third Street. running back along Ihlro
(now p Street 100 feet to the twelye-fooJ
alley In 1sGS 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.
..Nhiie no express dedication from
Thomas Corcoran appears Of record. new
ertheiess I am of the opinion that dedi-
cation would be presumed from these
deeds and as TO all hIt the twenty-five
feet next to p Street the owners would
be estopped by this deed from denying the
public character OF the alley
Prom the above recited facts, l am OF
the ooinion that the 'twelve-foot alley
aforesaid is a public alley; and inasmuch
as the deeds show it to be parallel to
TIlIrty-third Street, the Surveyors lines
cf the alley are correct, showing en-
croachments by O'Connor. Nhalen, Blu
Den. and Meyers * Alder But whether
their occupation by these encroachments
gives them amy rights by actual posses
sion I am unable to say They certainly
have secured no such rights unless the
actual occupation has been for an uhiil-
torruDted period of twenty years
As TO the 'tweuty-foOt alley ms al
ley is at right angles 10 the rear OF ~
-ty.elRe-fOot alley il seems 10 nave beeil
established as j private alley by Rlchalo
Cruit who bought the property from lhe
trustees Of the Union Bank OF GeoTse-
Town who at his request. conveyed a
norton bN deed dated April 10, 1891. Whlth
deed rccites that he had built four houses
on the land and conveys them by q aep1. p''..
Of I38 feet TO a twenty-foot alley lald OUT
Tor The common use of the owners ana
tenants of the said four houses. The
title TO this twenty-foOt alley remained
ia Cruit and any subsequent use 10y the
public apparently has been such pefmls-
,sive use as would not render il q FApllt
alley. 80. 49,.
.tvyelve-fuot alley. TO the full depth OF
I58 feet. is a-pubiic alley, and thal liie
.twenty-foot alley is private alley
Acting uuen the advice Of the As
SCISSOR. the Commissioners yesterday ap-
proved the application OF Sister Lidwine,
President Of Trinity College, asking for
a rebate on the tax bills against the
propert,. OF the institution. and that their
part Of the property be exempted from
taxation. The Assessor. in his report.
recommended that the rebates and eX-
emption be made on the ground that the
institution is used exclusively for edu-
catIonal purposes. The following state
meut OF the case was made by Sister Lid
wine. IN connection with her application:
The original parcel Of land, about
twenty acres, Tor Trinity College, front
ing on Michigan Avenue, and directly
south of Soldiers Home Grounds. was
purchased in 1897; 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 1893.
In this same fall QSS9) we began the
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 VIII be erected in the near future. /
judge that we viii 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 young women,