The Washington times., 1903-06-25
COURTS TO PASS ON
SQUATTERS' RIGHTS
Question Of Title of Settlers
Along Rock Greek.
NO EVICTION OUTSIDE OF LAW
Attorney General Again Advises SecTe-
tary Root as to Only Course the
Government Can Pursue.

Attorney General Knox has again sent
an opinion TO the Secretary of War rul-
ing hat the squatters who have settled
on Government land along Rock Creek
cannot re elected until treir rights to
remain have been determined by the
courts. Secretary Root will now be
compelled 20 recall his instructions to
Aulick Palmer, United States Marshal
for the District, to dispcSsess forcibly
the occupants of the lands. which they
have made with much filling and on
which they have lived undisturbed for
many years.
The ground in dispute is along Rock
Creek at the west end of Virginia Ave
nue.. It is covered with small sheds and
one-story houses. Among the squat
ters are John Shore. Mary Hughes. John
B. Lord and the Barber Asphalt Com
pany. Mary Hughes has lived en- the
land she holds for twenty-five years.
and Shore has had for twenty years a
house on the ground he claims.
Several months ago the Secretary OF
War decided the Government should re-
claim the land. Colonel Bingham. who
was then the officer in charge OF public
buildings and grounds, was instructed
to inquire into the titles of the squat
teTs. and take steps TO remove their
buildings. He reported that the statutes
of the District empower the Chief OF En-
gineers or officer in charge OF buildings
and grounds to have the squatters
elected.
Squatters Showed Fight.
Secretary Root consulted Attorney
General Knox concerning the squatters.
and was advised that when land has been
held for certain length of time the
Government should apply to the courts
to have the squatters elected. The Sec
retary did not act upon this advice. how
ever. but instructed Colonel Bingham to
have the squatters removed without de-
lay
When notices OF eviction were served
Ey the United States marshal il became
apparent from the attitude of the occu-
pants OF the land that they would not
rtlinquish their claims without their
rights being fully determined. Though
the Secretary OF War at first was dis
posed 20 resort 20 force, IL necessary
in order to reclaim the land for the
Government, on second thought he again
appealed to Attorney General Knox to
find some law on the statutes by which
the Governments rights could be estab-
1ished beyond a question and without
tying the matter up In the courts.
The Attorney General has made q
thorough search OF the statutes and is
frmer than ever in his opinion that the
squatters may have some rights. In the
second opinion Just sent 10 the Secre-
tary OF War he says the only safe waJ
is for the courts to pass upon the ques-
tion OF title before the eviction is made
Through municipal improvements in
the direction OF Rock Greek the land il
question has become valuable The Bar
Der Asphalt Company is financially able
TO protect its interests, and II Is be-
lieved will defend it's claim TO the prop
erty TO the end.
The decision in that case would apply
TO all the others. IN the cases Of Shore
and Mrs. Hughes the savings Of a score
OF years have been expended In flling
the property and making homes. As the
years went by and the Government tool
no action TO have them removed. they
be disturbed. II appears now. from the
opinion OF Attorney General Knox, that
they may at least hope 10 be successful
in 2 contest with Uncle Sam for posses
sion Of the land