Evening star., 1902-04-10
made solely by virtue of an act of Con-


quiring the assent of the municipal author
tiles to the erection of the passenger depot,
the court adds: so necessary did the COM
pany deem the consent of Congress to this
or any other occupation of the streets or
public property that 1t procured
the passage of the act OF May 81, 1872,
ratifying the action of the city authorities
in the matter. and setting out with greater
detail the direction of the lateral track to
the passenger depot and the streets over
which it should 60" Thus the Supreme
Court took notice of the part played by the
municipal authorities in the matter. and
then declared that the mall detection was
made solely by virtue of the act of Con-
gress.
The mall was part of LEnfant's public
reservation or national park lands in the
original plan of the city. Title was in the
nation. which held the land in trust for the
use and enjoyment of the people as a park
or public grounds. Nobody else had any,
thing but squatters' rights as to any part
of it unless through the specific grant of
Congress.
The original grant of the right to occupy
the mall for railroad purposes was dis
tinctly temporary. The right to repeal
was reserved to the United States avowedly
to permit the nation to reclaim it when
needed for park purposes. The House re-
fused to value the land and to exact the
amount from the railroad lest the national
power to reclaim should be destroyed. Mr.
Cameron, a conspicuous champion of the
measure said in the Senate: II desire to
say also that the bill contains proyiso
allowing Congress to remove the depot at
any future time when they desire the
ground for park for any other pur-
pose. The bill gives Congress the power
to do it, and leaves it entirely in the con-
troll of Congress-
The people of the District were in 1877
greatly desirous of securing relief from the
oppressive monopoly of the Baltimore and
Ohio railroad, and were undoubt edly willing
to assent to any grant to it which Congress.
the supreme dictator in the matter. was
ready to make. Temporary occupation OF
the mall was permitted by Congress- the
District approving. But sounder views of
the proper of the public parks soon
prevailed locally. and the District has pro-
tested persistently and almost continuously
against railroad occupation of the mall
ever since the present local form of govern
ment was established, Boards of Commits
sioners have repeatedly urged Congress to
remedy the blunder and public wrong of
the act of May u. 1872. and to exercise it's
right to terminate the temporary railroad
occupation of a public park. On one occa-
sion the House in committee of the whole
spurred thereto by local public opinion and
the representations of the Board of Trade,
actually voted to remove the station from
the mall But later it reconsdered. For
many years the local effort has been to Sc
cure termination of the temporary railroad
occupation; and the tendency of Congress
has been TO perpetuate it. This tendency
reached its climax in the legislation of 1901
which made permanent a right previously
revocable.
The nation granted temporarily to the
railroad national reservation, persistently
protected the corporations occupation
against public assault. and finally in spite
of local protest made that occupation per-
manent This public park is now to be re-
stored to the nation. and the latter is called
upon to pay for its reclaimed property sole
ly on account of the permanent donation of
last year. The title to the mall will be in
the future as it was in the past exclusively
in the nation. The ground is a public res
ervation, and under the park commissions s
plans part of 1t may be used as the site
of a certain kind of public building. The
District has no part or lot in this strictly
national transaction, any more. than it has
had in other additions to the public hold
ings in Washington, as, for instance, In the
acquisition of the square on which the new
Post Office Department stands. And it has
not now, will not have and has never had
any title to or legal control over the mall,
the property of the United States.
If. however, it were true that in 1871
Washington had title to this portion of the
mall, and that its grant was effective, then
1t gratuitously gave to the railroad that
for which, with certain enlargements the
United States Is now to pay for value re-
ceived million and half dollars; and
thus 1t has In effect made in advance very
valuable contribution in connection with
the railroad improvements. OF course, the
property, even IL 1t were once owned and
given away by the District, does not now
return to it. Washington has no part in
the title to the mall of the park commits
sion's plans, and Is burdened with no equi-
table obligation in connection with it's ac-
quirement or reacquirement by the nation
for national purposes. Thus from either
point of view the action of the Senate Dis
trict committee Is thoroughly equitable in
treating the mall transa ction as strictly
and exclusively between the United States
and the railroad company.