Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-20
REMOVAL
SQUATTERS IGNORE
COMMAND TO SURRENDER.
Secretary Roots View-Defnes Object
of Statute Under Which Recent
Action Was Taken.

Secretary Root has addressed letter TO
the Attorney General asking reconsider
alton of the opinion rendered by the acting
attorney general April last In regard TO
the plan Of procedure for the evictment OF
the alleged trespassers on the government
reservation bordering Rock creek at the
western end of Virginia avenue. The Sec
rotary transmits all the papers In the case
including the statute under which the eject
ment proceedings were instituted ana the
letter of the United States marshal for the
District, saying that the occupants OF the
land had ignored his notice to surrender
possession, and expressing doubt as to his
authority to employ force for their removal.
The statute in question provides as fol-
lows
.'That the chief of engineers shall have
charge of the public buildings and grounds
in the District of Columbia, under such
regulations 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 it shall be made to appear to the SAID
chief of engineers or to the omcer unoer
his direction having immediate charge or
said public buildings and grounds that any
person or persons are in unlawful occupa-
ton of any portion of said pubic lands IN
the District of Columbia it shall be the duty
of said officer in charge thereof to notify
writing of such unlawful occupation. and
the said marshal shall thereupon cause the
said trespasser or trespassers to De e)ecteo
from said lands. and shall restore posses
sion of the same to the officer charged by
law with the custody thereof
Object Of the Statute.
Secretary Root, in his letter to the Attor-
ney General, says that the object of that
statute evidently is to establish definite
method of procedure for the government IN
such cases and to throw upon persons who
take possession of government land the
burden of preventing the marshal from
ejecting them, by themselves appealing 10
the courts and showing that the statute
does not apply, instead of leaving the gov
eminent in the position of private owners,
who are required to proceed by the SLOW
process of an action Of eJectment In Wmch
the government title has to be affirmat1Vely
approved According to Secretary Roots
view, that was certainly the idea Wits
which the legislation was secured, and ne
says it seems to him important to the In
terests of the government to maintain that
construction. He says that multitudeS or
people are always engaged In trying TO get
away and appropriate to their private uses
land belonging to the government, and that
constant vigilance and active EFFORT are re-
uuired to prevent the practice from being
successful.
He says further that statute of the kind
referred to should have the ERECT that ne
believes all that statute is Intended to nave
especially in this District.
The statement is made that some OF the
alleged trespassers on the land in question
have been occupants only a short time ana
have made no improvements. One concern
in particular is referred to which, 1t Is
stated, was recently turned off Potomac
Park went to the Rock Creek reservation
and is now using it for the storage OF SAND.
In concluding his letter Secretary Root
expresses the hope that the Attorney Cen
eral will find it consistent with his views OF
the law to at least direct such course OF
action on the part of the United States
marshal as will bring the question to early
judicial determination.