Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-18
CON EDITIONS IMPOSED
USE OF POTOMAC PARK FOB
GARDENING PURPOSES.
No Part of the Park in Col BromwelPs
Charge Regarded as
Available.

General Mackenzie, chief of engineers,
has received reports from Colonel Smith
S. Leach, in charge of the improvement of
the Potomac river and Colonel Charles 8.
Bromwell in charge of public buildings
and grounds, in regard to House bill per-
hitting the of portion of the "Poto-
mac Flats" by the City Gardens Associa-
ton.
Potomac Park exists for two purposes"
says Colonel Leach. zone being to afford
a recreation ground for the public and i'm
prove the sanitation of the city, and the
other to afford a disposal ground for ma
terials dredged and to be dredged from the
Virginia and Washington channels of the
Potomac river in furtherance of the pro-
ject for the improvement of the river. In
both these aspects the park is incomplete,
as its surface is not yet raised to the de-
sirable grade and there is still consider
able quantity of material to be dredged
and disposed of. For these reasons COM
plete jurisdiction over the entire area
should remain in the office which is to
carry On the work, or, if alienated, should
promptly revert to that Office on demand.
These conditions have been embodied In
the permits heretofore granted for occu-
pancy of portions of the park by co-or-
dinate bureaus of the government. If any
portion Is allowed to be occupied by private
parties or charitable associations this condi-
ton should be brought even more promi-
nently into view, so that the presumption
of jurisdiction and the deposits of material
on the occupied areas or the run off of
mud or water on to these areas from adj
jacent unOccupied ones can under no cir
cumstances be made the basis of any claims
against the United States.
Stipulation Suggested.
I'm the case in question it should be
distinctly understood and stipulated,
preferably in the act of Congress itself,
that after reasonable notice of it's inten-
ton to do so the United States shall have
the right to resume control of the area
and that this resumption shall not be
made the basis of any claim against the
United States for damages or injuries
direct or indirect, to the occupants of the
land.
1T may be assumed that the notice to
be given will be made long as pos
S1ble and that every reasonable effort
Will be made to so time the resumption
of control as to minimize the damage
done to persons occupying the land under
the act of Congress, but it must be ex-
pected, and should be foreSeen that if
gardening is carried on systematically
and scientifically on this area the re-
sumption at any time and after any
probable notice will work some hardship
and some tangible loss to the occupants.
Their Willingness to accept this loss with
out complaint should be made a condition
of the permit to occupy the ground
Subject to the foregoing considera-
ton and restriction l see no objection to
the occupancy in the immediate future,
Tor gardening purposes under the aus
pieces of the organization named in the
proposed law of the portion of the Po-
tomac Park along the Virginia channel
east OF the Long bridge and adjoining
that now occupied by the Department of
Agriculture.