Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-12
LAND ON ROCK CREEK
UNITED STATES MARSHAL d.
RECTED TO TAKE ACTION.
Suggestion Made by Judge Advocate
General Davis Of the War
Department. a..

Acting upon the advice of the Acting
Attorney General. Secretary Root today de-
cided to make another effort to secure the
eviction of certain alleged squatters from
the government land at the western end
of Virginia avenue, west of 2Sth street, be-
tween 1 and K streets. extended. and bor-
dering on Rock Creek Several months ago
the United States marshal for the Dis
trict, at the request of the Secretary Of
War, served notice on these people that
they were in unlawful occupation of land
belonging to the United States. and that
they must vacate within a reasonable time.
The occupants contended that they were
entitled to remain on the land and paid
no attention to the marshaIs notices. The
latter officer reported the facts to the War
Department and expressed the opinion that
he had no warrant of law to use force
in securing possession of the land.
Since then there has been considerable
correspondence on the subject between var
ious officers of the War Department, the
Department of Justice and the metropolitan
police department. The officers of the last
named department reported that the land in
controversy was occupied by the following
named persons for the periods sta ted:
Knott & Mohler, frame stable three years;
A. L. Barber. three frame sheds for storage
purposes and one frame office, at present
unoccupied twenty-five years; John Shore,
one-story frame house as a dwelling, twen-
ty years; Mary Hughes one-story frame
houses as a dwelling, twenty-five years:
Wells & Barnett Sand Company, has occu-
pied space for storing sand for two years,
and probably John B. Lord, who has also
occupied space for storing sand.
Opinion Of Judge Advocate General.
There appears reported Judge Advocate
General Davis, to whom this report with
all the other papers. was referred, ''to be
no evidence that any of these occupants are
there under paper title and it is distinctly
stated In these papers that no taxes what
ever for either the property, or the i'm
provements thereon. are paid by any of the
occupants. The question of title to this
land has been carefully considered by the
attorney for the District fS Z. Thomas) and
by the special United States district attor-
ney in the United States flats case Oh. I.
Taggart), who have expressed themselves
as clearly of opinion that the title is in the
United States. In within opinion the act
ing attorney general states that the facts
presented make out priTna facie title in
the United States. and treats the question
as to the method of procedure as one of ex-
pediency and for the consideration OF the
War Department.
In regard to the authority and duty Of the
marshal in the premises he says: LAS to the
authority of the marshal of the District to
eject the law makes it his plain and impera-
tive duty, after receiving the notice thus
prescribed, to cause the said trespasser or
trespassers to be elected from the said
lands and restore possession of
the same to the officer charged by law with
the custody thereof And 1T does not in
vest him with any discretion to determine
whether the notice is properly given, or
whether the person named is trespaSSer,
or whether he will eject him or not The
statutory command is quite potent as is
the order of any court. AS the marshal has
no discretion in the premises he should
sumo that the notice is properly given and
that the question whether the party named
is treSpasSer was correctly determined
prior thereto. His sole duty is to do as
the statute commands, and in doing this
he has the same right to summon assistance
as he has in executing other lawful pro-
cess"
Notice to United States Marshal.
Upon consideration of the facts relating
to the possession and claim OF title as to
each of the alleged trespassers on the
premises in question" says General Davis
in conclusion, Il am of the opinion that
they are all equally trespassers and that the
marshal should be again requested to eject
each of them from the premises, his atten-
ton being called to that part of the opinion
of the acting attorney general relating to
his authority and duties. 1t is to be OBJ
served, in this connection, that mere length
of time during which the occupants have
trespassed on the premises gives no right
either of possession or title as against the
United States"
Secretary Root today forwarded the
papers in the case to General Gillespie.
chief of engineers, with the following in
structions:
"The foregoing views Of the Judge ad-
vocate general are approved, and the Of
ficer in charge Of public buildings and
grounds viii again notify the marshal OF
the District of Columbia in writing. of the
unlawful occupation, to the end that the
marshal may perform his statutory duty,
under section 1897 of the Revised Statutes,
as amended by act Of April %, 1902, the
attention of the marshal to be invited to
that part of the opinion Of the Attorney
ties"