Evening star., 1902-04-10
The Nation Regains a National Park.

The Senate District committees report on
the union station bill filed the other day
contained the statement that the Balti-
more and Potomac Railroad Company occu-
pies portion of the mall by virtue of a
grant made by the common council and the
board OF aldermen of the city of Washing
ton, made March 20, 1872" For a grant to
have virtue or conveying force it is neces-
sary that the grantOr have title to and
Jurisdiction over the thing granted The
suggestion tnat the municipal and not the
national government effectively granted the
station site on the mall and Is therefore
responsible for the original and continued
railroad occupation Of this public park is
untenable in the light Of the records The
question is viewed as OF some importance
al the present juncture i'll the adjustment
or the terminal problem.
Inc baltimore and Potomac railroad en-
tered the District by virtue of an act of
congress approved February ). 1867. and
amended by supplemental acts of March ls
1863, March p. 1870, and March 2. 1871.
The original act provided that the railroad
should enter Washington at such place and
pass along such street Ito such point or
terminus as may be allowed by Congress-
The aforementioned supplemental act locat-
OF Maryland and Virginia avenues. and
provided that ''the assent of the municipaI
authorities should be first obtained TO the
erection of said depot"
by resolution of March o. 1871. the alder
men and common council of Washington
gave assent to the erection of the Vir-
slnia avenue depot; and Oh the 23d of the
same month they cOnditionally withdrew
tnls assent. its repeal to take effect only
on the ratification by Congress of the
actlon or the corporation in locating the
station on the mall. which change was ac-
compllshed. so far as the corpora ton could
do II, by the same act. The act purported
10 grant the mall site and to permit the
railroad to lay tracks on 9Th street.
congress being asked 10 ratify this sus-
gestlon passed act, May 81 1872 which
directly authorized the railroad to use the
mall site, describing specifically the area 10
De occupied. and requiring fiat rails. adam
tation to the city grades and hagmen. II
repealed the act authorizing the station site
on Virginia avenue II reserved to the
United States the right to repeal or modify
the act 1t provided that "an provisions of
the board of aldermen and common coun
Gil of the city of Washington not inconsist-
ent herewith are hereby ratified"
Which legislature. the national or the
local. was the actual grantor in this case
having title to the street and public grounds
affected and paramount power to act?
The Supreme Court of the United States
has given an authoritative answer to this
question in the case of the District Conn
nfssioners VS.. the b. and p. r. r. Co. in a
decision rendered April - 1885,
The court decides in this case that the
tide TO the streets of Washington is in the
United states and not in the city and that
II the railroad company wishes to depart in
any direction from the line of its present
track as prescribed for it by acts of Con-
sress 1t must obtain permission to do so
from that body.
Referring TO the tracks on 9Th street and
mall site the court says: Its principal pas
senger depot, located several hundred yards
from the main line of its road through the
city, makes this detection from that line
solely by virtue of an express act of Con-
Eress. passed to enable the company to
do So
The municipal legislature had already
granted the road the right to come up
9Th street, blsecting the park. to the mall
site. But the court ignores the pretended
grant and says that the DETECTION was