Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-29
DRASTIC MEASURES
Ejectment Of Squatters From
Government Ground.
ROCK CREEK BORDERS
SECRETARY ROOT DIRECTS THAT
ACTION BE TAKEN.
Communication to Effect That Land is
in Possession Of Unlawful
Holders.
ROCK CREEK BORDERS

eral Gillespie. chief of engineers. has taken
drastic measures for the e1ectment Of the
squatters on the government land at the
western end of Virginia avenue on the bor-
ders of Rock creek.
The purposes of the government In this
matter are explained in a letter addressed
by Col Bingham, the engineer officer in
charge of public buildings and grounds. to
the United States marshal for the District
Of Columbia. In this letter Col. Bingham
calls attention to the provision of section
1897 Of the Revised Statutes amended
by the act of Congress approved April %.
1902. which gives the chief of engineers
''charge of the public buildings and grounds
In the District of Columbia. under such reg
ulations as may be prescribed by the Presi-
dent through the War Department
This statute also provides that when
1t shall be made to appear to the said
chief of er gineers or to the officer under
his direction having immediate charge OF
said public buildings and grounds. that
any person or persons is in unlawful occu-
patton of any portion of said public lands
in the District of Columbia it shall be the
duty of said officer in charge thereof to
notify the marshal of the District of Co
lumbfa in writing of said unlawful occupa-
ton. and the said marshal shall thereupon
cause the said trespasser or trespassers to
be elected from said land and shall restore
pCSSeSSlOn Oh the same TO the OIUcor cldrR-
ed by law with the custody thereof"
Land Unlawfully Occupied
'You are hereby informed. by direction
of the Secretary of War" continues Colo
mel Bingham that there is very valua-
BILE tract of land belonging to the United
States and under the charge Of this office,
at the western end of Virginia avenue west
of 2Sth street between and K streets OK
do1 wi
per blue print inclosed), which is now un-
lawfully occupied by squatters, and in ac-
cordance with said section 1907, Revised
Statutes, you are requested to eject the
trespassers therefrom and restore the pos
session of the said property to this office.
Your immediate action in this matter will
be appreciated"
Colonel Bingham acted in this matter in
pursuance of the following memorandum
from the Secretary Of War:
1T Is quite clear to me that 1t is the duty
of the chief of engineers to take action un-
der section 1897 Of the Revised Statutes as
amended by the act of April 2S 1902, to
terminate the unlawful occupation Of the
public land referred to in these papers, and
for that purpose to give the statutory no.
tice to the marshal of the District of Co
lumbia In writing of such unlawful occupa-
ton to the end that the marshal may per-
form his statutory duty of ejecting the
trespassers and restoring possession of the
land to the officer charged by law with the
custody therefor"
The alleged unlawful occupation of the
land In question has been a subject of con-
troversy between the occupants and the
officers of the government for many years
past, but SO far without result. Several
law officers of the government who have
investigated the subject have certified that
the title of the property in dispute is in
the United States. Among those who have
rendered opinions to that effect are the
judge advocate general of the army Gen
Lieber, retired), Mr.. Thomas, attorney for
the District of Columbia, and Mr.. Taggart
the special United States district attorney
in the United States flats. cases.
Attorney Generals Opinion.
About a month ago the Department of
Justice was called upon for an opinion as
to the best course Of procedure to recover
possession of these lands. The Attorney
General gave an opinion in which he said:
II am informed that the occupants have
been in actual possession under a claim of
right for a 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 in
tention of the statute cited is to employ the
marshal to eject summarily transient or
disturbing 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 a long period
Oh Cme the government should apply to the
court to obtain possession by regular pro-
ceedings In ejectment or by some other
provided statutory 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. Secre-
tary Root, however, took contrary view.
and held that the law justified him in cali
ing on the United States marshal for the
Immediate ejectment of the occupants
without awaiting the settlement of claim
by the court
Col. Bingham's Report.
It appears from a report made by Col
onel Bingham that the structures on the
property consist principally of frame sheds,
used for the storage of building material
with few one-story frame dwellings, of
poor construction and temporary charac-
ter. One of these dwellings has been oc-
cupied by a man named John Shore for tho
past twenty years. and another one by
Mary Hughes for about twenty-five years
The Barber Asphalt Company has had DOS
session of portion Of the land for about
six years, and John B. Lord Of another por-
ton for about three years. No taxes have
been paid by any of the occupants
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