The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-08-08
AFFAIRS OF THE DISTRICT
Controversy Over an Alley Upon
Which a SchOo.houSe Stands.

A. Is. DuvHII recommends the Rejec-
ton OF John ID. PHrker's Claim.
The commissioners Asked to Set
Aside a Tax SaIe-Other Matters.
A. 3. DuvaU. the Attorney for the Dis
trist ,ojJy handed To the Commissioners
his opinion upon the communication of
john u. Parker relative To the ownership
OF the land IN the tcn-foot alley. upon
which IN, school building at tn, corner
Of Fifth and X Streets northeast now
stands Nr- Parker wrote to- the Com
niss:ouors some time ago laying claim to
the land on the ground that II had been
formerly dedicated 10y himself and W T..
Kellogg. and that If it was made use OF
by the District the land should first re-
vert TO the original owners and Toe paid
for the same as the rest of he land upon
which tho school building stands. The
Attorney says;
In order to perfect the title to certain
lets. offered for sale 10y Governor Kellogg
to the District for a pubh school site 1t
Was found necessary 10 close teu-foot
alley in the subdivision # said square
made by Kellogg and Parker. According
". under the provisions Of the act OF Con-
Eress approved July g. 1872. for the OPEN
y
tion signed by all the owners OF property
/ in said square was presented to and filed
with the Commissioners on July 20. 1896.
requesting them 10 close the south pub
I lie tcn-foot alley running through said
square from Fifth to Sixth Streets for
distance Of lG feet and inch from Fifth
/ Street and TO reduce the width of the
twelye-foot alley in said square by mar
rowing il one foot on the west side there
! of. shown on the plat nled with said
petition.
said petition contains the statement,
that your petitioners have agreed that
I William Pitt Kellogg shall b the future
owner Of the ground embraced within the
area of the portions Of said alleys sought
TO be closed. and the name OF said William
Pitt kellogg is marked thereon Said pc
titiOn prayed for an order declaring
those parts OF the alleys marked on said
plat in red closed as pras ed, and that a
certified copy Of the order directing the
partial closing Of said alleys be attached
10 the plan ana delivered To the petitioners
for record with the Recorder Of Deeds.
I agreeable to law
This petition was signed 10y the present
applicant. John D Parker. as the owner
! Of lots "a to IS inclusive: II to 10 inclusive.
and parts of lG and .. BY some oversight
Z the formal order closing said alleys in
/ accordance with said petition. was not en-
/ tered upon the minutes of the Board Of
I Commissioners; but the Commissioners
acted upon the faith of said petition and
purchased said land from W z. kellogg.
including the area Of the alleys so prayed
70 be closed, the title To which was de
/ clared in said petition 10 be vested in said
Kellogg
The present applicant in common with
the other owners of said square. having
I signed said petition requesting the clos
/ ing Of said alley and declaring the title
+ 70 the area thereof vested an " =. KeIl-
! ogg, I am Of the opinion that he is estop-
ped from claiming any compensation for
I the area Of said closed alleys.
Under the circumstances Of this case,
. the said John D. Parker is not at liberty
+ now 10 make a claim that he has any
. interest in said property; nor can the fact
. that no formal order has been made by
/ tie Board of Commissioners upon said
. petition give him any standing. because
action has baeu taken by a bCla fide
. purchaser Viz changed its position and
I parted with il money upon the faith OF
. his signature TO said petition.
ct am Of the opinion that the appllca-
tion should be denied.
Il have further 70 advise that the g r-
+ prOpriste order based upon the abON-
! mentioned petition filed July 20 1896, be
I now made and recorded by the Commits
I siouers in accordance with said act Of
/ Congress