Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-11
WITHOUT !! LEGAL RIGHT
sn..T
~ Is
Occupancy y Foot Of SD
Street, Georgetown,
SAYS COUNSEL DUvAL
SEEKS To- HAVE UNIVERSITY
BoAT1HoUsE REMOVED.
Ten Days Given College Authorities
to Present Their Side Of the
Question.
SAYS COUNSEL DUVAL

The officials of Georgetown University
must give to the District authorities a sat
isfactory exposition Of their right to occupy
the foot OF 32d street. Georgetown, with a
boat house and float, or must remove the
obstruction within specified time there
after.
Corporation Counsel Duvall has rendered
an opinion to the Commissioners In which
he holds that the occupancy by the uni
versaty Is without legal right. On behalf Of
several clients along the river front, who
claimed their properties were damaged by
the Illegal obstruction to 32d street, Mr..
Charles H. Cragin recently addressed the
Commissioners asking that some steps be
taken in the matter to secure the removal
Of the boat house
The communication was referred to the
counsel who has returned 1t with the opin-
lon as stated above. He says:
MIR. Duvall's Opinion.
I'm reply to a communication addressed
to the president of the Georgetown Univer-
sity. Messrs. Hamilton and Colbert, attor-
neys, stated that the boat house known as
the Georgetown University boat house, at
the foot Of 32d street, was purchased by
the president and directors Of Georgetown
University from the Columbia Athletic
Club. and that their information was that
32d street does not extend south beyond
Water street; and that, therefore, the boat
house Is not located On public property;
that they were informed the property had
been subject to private ownership Tor more
than twenty years. etc.
ut appears that on April 10. 1880, the
Commissioners leased the property known
as the wharf at the foot Of 32d street to
F. L. Moore, W. A. Gordon and A. T. Brice,
trustees, for a term OF ten years. at the
annual rental Of 500, and that on February
%, 1887, the Commissioners extended this
bia Boat Club, corporation, for the further
term of seven years from and after April 10.
1890, the lessee STIMULATING to pay the yearly
rental Of $1G0 in two equal payments, pay
able in advance, on April Is and October Is
of each year; and that in default of such
payment for the term Of five days after the
same shall become due and payable, the
lease should be and become Cancelled.
abrogated, void and of no effect-all and
any notice whatsoever on and after such
default being expressly waived that no
assignment ofsthe1lease should be made
without the written consent Of the Com
missioners first obtained, and II such as
signment should be made without such con-
sent the lease should become void and OF
no effect, etc. TAnd that upon the expiration
Of the term the boat club should be per-
mitted to move from the premises the boat
house erected thereon, unless rent should be
boat house should not be removed until
after the payment OF such rent.
Without Legal Right.
''It thus appears continues Counsel Du
vail, "that the, occupation of the Wharf
property at the foot of 32d street is with
out legal right. the, term of the extended
lease having expired July 15. 1897. 1 called
the attention of the attorneys for the
Georgetown College to this lease. end the
fact Of the expiration of the terms, etc,
and they requested that an opportunity be
given them to adjust the matter With the
Commissioners and the parties complaint
ant; nothing, however, seems to have been
accomplished in this direction.
There can be no doubt that 32d street
extends south beyond Water street 10 the
Potomac river: and I am of thu opinion
that the occupation Of the waart by the
Georgetown College for it's university boat
house. ETC.. is without legal right.
Replying to your request as to what
course the Commissioners should take to
effect the removal Of the obstructins have
to say that written notice should be served
upon the president and directors Of George
town College to vaoate the wharf a, the
foot of 32d street and to remove the teat
house. float, etc. located there, within q
certain time to be named in the notice.
On motion OF Col Biddle. the Engineer
Commissioner. the university authorities
will be given ten days in which to present
their side Of the case as to the legal rights
involved.