Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-15
HALT IN PROCEEDINGS
The Court May Decide Case
of Alleged Squatters.
THE MARSHAL'S POWER
QUESTION RAISED REGARDING
AUTHORITY TO EVICT.
Secretary Root Believes Writ of Dis
possession May Be Enforced
Matter of Titles.
THE MARSHAL'S POWER

Secretary Root has received decided
check in his movement to evict the alleged
squatters on government reservation No. 9i
A. at the western end of Virginia avenue.
west of 2Sth street. between 1 and X
streets. Under date of May 1 L. s. Mar
shall Palmer issued notice to the alleged
equatters in the following form:
Knott and Moller. John Shore, Mary
Hughes the Columbia Nation Sand and
Dredging Company, corporation; John b.
Lord the Barber Asphalt Paving Company
and the Chesapeake and Ohio Canal Com
pany:
Take notice that the undersigned, U. s.
marshal for thesDistrict of Columbia hav-
ing been notified in writing by Col. Theodore
A. Bingham, L. s. a., being the officer in
charge of the public buildings and grounds
in the District of Columbia. under direction
of the Secretary of War and pursuant to
section 1891. Revised Statutes. United
States. as amended by act of Congress APP
proved April - 1902, that you are in I'M
lawful occupation of and are trespassing
upon the public lands in the District of
Columbia, some portion thereof, COM
prised in reservation No "a A. you are
hereby directed to vacate and remove from
said premises forthwith
Suggests Lack of Authority.
The total failure of these notices to s.c-
compish the desired result is shown in a
letter written by L. S. Marshal Palmer
under date of May IL, 1909, to Col. Symons,
the engineer officer in charge of public
buildings and grounds, in which he says:
II have the honor 20 acknowledge receipt
of your predecessors communication, beat
ing date April % 1903, calling attention tc
the act of Congress, approved April ~, 1907,
and requesting me. pursuant to that act, tS
eject certain persons who are alleged to be
fra1v frnrr
claimed in said letter to belong to the
United States at the western end OF Vir-
ginia avenue west of 2Sth street between
and X streets extended and bordering on
Rock creek.
You are respectfully Informed that
have notified the parties in possession OF
said tract of land to surrender possession
thereof that / may place the proper Officers
of the United States in possession. L have
also to inform you that the parties so
notified failed to deliver possession, and
that l do not seem to have authority to
force to eject any of these parties with
out the process of some court of competent
jurisdiction authorizing me to do So.
Gen. Gillespie's Endorsement.
Colonel Symons submitted the marshals
letter to General Gillespie. chief of engi-
ncers in a letter in which he said
I'm view of the opinion expressed by the
Secretary of War in his memorandum of
April Il, 1903, which was transmitted to
this office it is respectively suggested that
the statement of the marshal be submitted
for the consideration of the Secretary.
Subsequently Colonel Symons and Mr.
Browning. law clerks. had personal in
terview with Secretary Root in regard to
the best course of action to pursue in view
of the position taken by the United States
marshal 1t is understood that Secretary
Root adhered to his original opinion that
the marshal is fully empowered to eject the
alleged trespaSsers under the provisions or
section 1871 of the Revised Statutes with
out awaiting the slow and tedious processes
of the courts. At any rate it was arranged
that Secretary Root should consult with the
Attorney General with view to securing
his aCQuiescence in the plan of action pre-
VOusly decided upon by the War Depart
mert to secure custody and control of the
land in dispute.
The Laws Provisions.
The provision of law under which the
War Department undertook the election
OF these alleged squatters is contained in
section 1877, Revised Statutes amended
by the act approved April 2S, 1902. That
section is as follows:
THAT the chief of engineers shall have
charge of the public buildings and grounds
in the District of Columbia, under such
regula atoms as may be prescribed by the
President, through the War Department,
except those buildings and grounds which
are otherwise provided for by law; and
when II shall be made to appear to the said
chief of engineers or to the officer under
his direction having immediate charge OF
said public buildings and grounds that any
person or persons are in unlawful occupatio
of any portion of said public lands in the
District of Columbia ii shall be the duty of
said officer in charge thereof to notify the
marshal of the District of Columbia in
writing of such unlawful occupation, and
the said marshal shall thereupon cause the
said trespasser or trespassers to be elected
from said lands, and shall restore posses
sion of the same to the officer charged by
law with the custody thereof"
Attorney Generals Views.
When the Attorney General was called
upon about month ago for an opinion as
To the best course of procedure to recover
possession of the lands he replied to the
Secretary of War. in part. as folows
Il am informed that the occupants have
been in actual possession under a claim of
right for long period of years. They have
made extensive improvements and claim
title. The value of this claim is a question
for judicial determination. The only inten-
ton of the statute cited is to employ the
marshal to eject summariy transient or dis
turbing persons from the public ground
under the direct supervision of the chief of
engineers The control of the public lands
Is somewhat extended by the act But when
the land has been occupied under a claim of
right possession for long period of time
obtain possession by regular proceedings in
ejectment or by some other provided statu-
tory remedy"
The United States attorney for the Dis
trict, Mr.. Beach. who was also consulted In
The matter. agreed with the views ex-
pressed by the Attorney General Secretary
itpot. however. took a contrary view, and
held that the law justified him in calling
on the Uhited States marshal for the i'm
mediate eJectment of the occupants without
awaiting the settlement of claim by the
court
Probably Influenced Marshal.
Although not so stated. il is believed that
the United States marshal is guided by the
above opinion of the Attorney General in
his refusal to exercise force against the
alleged trespassers.
The case of the United States was worked
up by Mr.. w. l.. Browning law clerk of
Office public buildings and grounds. and the
action by the Secretary of War was taken
upon a report made by him to Colonel
bingham, which in turn was submitted to
the Secretary for his action. 1t was repre-
scented To the Secretary by Mr.. Browning
that IL would be useless expense of time to
take judicial process in ejecting the squat
ters from the property.
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GAITHERSBURG EVENTS.