Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-19
THE DISTRICT SUFFERS LOSS
GOES TO RAILWAY
co. WITHOUT REcoMPENsE.
Error in the Wording of. Section Of
Law Governing the Closing
Of Alleys.

Because of an error in the wording of a
section of az law governing the closing OF
public alleys in the District which was pre-
pared by the Commissioners and passed by
Congress January 10, 1905, the District is
to lose $3,s97.44. According to this technical
error. which was discovered by Commits
| sioner West, the District has not the slight
est chance of Reimbursement for the loss.
This condition was brought to light sew
eral days ago, when the Commissioners
were considering the request Of the Phila-
delphia, Baltimore and Washington Rail-
road Company for the. closing Of an alley
In the eastern part of square 1913 southwest.
The law governing the matter gives the
Commissioners authority to close an alley
whenever the entire square bounding 1t Is
vested in one person, in partners or in
company, and when such owners desire to
improve the property by the erection there
on OF building covering not less than two
the purpose of some business enterprise.
However,. the Commissioners are directed
to use discretion in ordering the closing of
these alleys
Donated as a Rule.
As general rule the alleys have been
donated to the District and in closing them
afterward for the improvement of the en-
tire square bounding them the law directs
the Commissioners to permit the title to the
alley to revert to the original owners, but
all such land shall be subject to the assess
ment for the benefit of the improvements
Ii the alley to be closed Is an original alley
the Commissioners may sell the land con-
tanned therein for cash at q price not less
than the assessed value of contiguous lots
These provisions. according to the Commits
sioners, are all right, but another section of
the law is responsible for the District los
ing this money and depriving the Commis-
sioners or the corporation counsel of the
power to prevent 1t In any way, and it ap-
plies to the alley which the Pennsylvania
railroad has asked to be closed.
This section reads: Section 16OSd. That
whenever the title in fee simple to an entire
square Is vested in one person or tenants in
common or partners, and such owner or
owners desire to improve said square by the
erection thereon of building covering not
less than two-thirds of the area thereof, or
to use said square for the purpose of some
business enterprise, the Commissioners are
authorized, in their discretion, to order any
alley or alleys in such square to be closed,
and copy of said order shall be filed with
the surveyor and recorder Of deeds of said
District.
Commissioner Vests Inquiry.
When the request was made Capt Nor
row, present Engineer Commissioner, and
Commissioner Mcfarland approved it, but
Commissioner West held it for further in
vestgation as to the conditions. About the
time the request was made several citizens
to him, alleged that the Pennsylvania rail-
road had acquired thousands Of dollars
worth OF public property in this manner,
and that It was case OF land grabbing."a
Commissioner West found this charge to
be absolutely untrue, as the railroad COM
pany, he states, has not received cents
worth of public property, except what they
will receive by the erroneous construction
of the above section, and which condition
the Commissioners are powerless to pre-
vent. 1t was while making this investiga-
ton that he found that 81 12S.4S was APP
priated in 1904 for the purpose of buying
the land taken for the alley in square 493,
which is to be turned over to the railroad.
The actual amount expended was s, S97. A.
Should Be Recompensed.
In speaking Of this condition Commits
sioner West said yesterday:
1T appears to me that some recompense
should be made for this amount actually
taken out of the treasury. In other words
nearly $4,000 worth Of property which has
been paid for should not be given away
to the Philadelphia, Baltimore and Wash
ington railroad without any return what
ever.
1.-The corporation counsel of the District,
with whom l have conferred, states that
there is law under which the District
can secure any redress and that, in fact,
the law specifically contemplates the clos
District. Under these circumstances Ire
luctantly added my approval 1t appears
to me that the law should be amended so
as to provide in the future that territory
which has been bought and paid for by
the District should not be given away for
nothing"
His proposition to have the law amended
is now being considered by his colleagues.
but the order closing the alley and turning
1t over to the railroad company will be