Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-08
COURT IS ASKED
TO SAVE TREES
Steps Taken to Stop Botanic
Garden Vandalism.
PETITION FOR INJUNCTION
Attorney Conrad Syme Begins De-
termined Fight.
ORDER OF JUSTICE GOULD
Case to Be Heard by Him Next
Week-Legal Points Raised -
by the Petitioner.
PETITION FOR INJUNCTION
ORDER OF JUSTICE GOULD

The beauty of the Botan'c Car
dens will not be marred BY 9td
destruction of the famous CRIT
tenden peace tree, the elm planted
by the late Senator Beck OF KEN
tucky from a slip planted by
George Washington in the Capi-
tol grounds, and many other beau-
tiful and historic trees, if Attor-
ney Conrad H. Syme can prevent
it. In his capacity of a citizen
and taxpayer he took steps today
to prevent the removal of the
trees by filing in the District SUI
preme Court suit for injunction
against John H. Poole, captain Of
engineers, United States Army,
and acting executive officer of the
Grant memorial commission.
Justice Gould, to whom Mr.. Syme's Pc
tition was presented, issued a rule on
Capt. Poole to show cause Friday, Octo-
Der IS, why he should not be enjoined
from cutting down. inJuring or Destroy
ing the trees to make room for the erec-
ton of the memorial to Gen. Ulysses 8.
Grant.
On Occupied Ground.
After setting up his citizenship and mat
of the defendant, Attorney Syme explains
to the court that by act of Congress
OF June 8, 1906, the Grant memorial
commission was authorized to erect a
monument to the memory of Gen. Grant
in an unoccupied portion of the Botanf-
cal Garden grounds between 1st and 2d
streets. He declares Capt Poole has
located the site between the specified
streets, but on a portion occupied by a
large number Of historic trees, the de-
structfon of which would be necessary
in the erection of the memorial, it's
foundation and terraces
The preservation of these trees. Mr..
Syme says, has been an expense to
the government of the United States.
and their destruction would entail a
loss upon the citizens, both from a
sentimental and financial standpoint,
When Congress authorized the loca.
tion of the memorial in an unoccupied
portion of the grounds, Mr.. Syme con.
tends, 1t did not have in contemplation
nor did It authorize the selection ot
site which was occupied by these his.
torfc trees, and the selection Of such
site, he declares, Is contrary to law
and to the intention of Congress.
If Capt. Poole is permitted to carry our
his plans and prepare the site scheduled
and cut down and destroy these historic
trees. Mr.. Syme insists q great and ir.
reparable injury will be done to him and
other citizens of the United States.
Saw Star, Then Acted.
When asked by a Star reporter as to b,s
reasons for filing the bill, Mr. Syme stated
that he knew nothing Of the proposed de-.
struction of these trees until he read thA
article In last nights Star. He said that
in his judgment the destruction of such
trees was utterly unjustifiable unless ex.
plicit authority was given by some law,
and that he had great q ubt whether
act of desecration.
He said that although he was engaged
in the active trial of case before Judge
Anderson. he took the time before court
met this morning - law bill and nre.
sent 1t to Judge G.:-II IN the hone of he.
ing able in some -. l.,7er to test the olles-
ton as to whetf~r i!.tre was really a legal
authority for d wing the trees.
owing to htc i-'' nency Of the danger
and necessity prompt action to in
vestigate the question of law raised by
his bill, but that as any delay ght be
fatal he proceeded on the theory that the
act inquestion was unauthorized by the
law of June 30. 1905. and that any citizen
might have the right to restrain its COM
mission.
Authority of Commission.
He appeared TO think that the authority
given the Grant memorial commission to
erect a memorial on ''unoccuped" ground
might be construed to mean ground not =.
occupied by historic trees, the preserya-
ton of which might have been a matter
of expense to the United States. and the
loss of which would be irreparable Ger.
tainly from q sentimental STANDPOINT
He said the bill was drawn against
Capt Poole simply because he was the
executive officer of the commission, add
that he himself did not have time to as
certain the personnel of the Grant ma
mortal commission so as to make them
parties.
Mr.. Syme said that he would at his owl
expense do everything in his power 10 pre-
serve these trees, as IT seems to him
their preservation was almost a matt,r
of public moment and of interest to every
citizen.
Labor Union Acts.
Delegates to the Central Labor Union
who have read The Stars articles on
the subject showed last night at the
meeting of the central body that they
are in sympathy with the papers efforts
in calling attention to the needless de.
struction of the trees, by the adoption
of resolutions introduced by Mr.. j. w.
Considine of the Sheet Metal Workers'
Union and treasurer Of the Central Labor
Union, which set FORTH
THE Washington Evening Star has
called the attention of the public to the
acts of vandalism, committed and pro-
posed, by the commission having in
charge the erection of the proposed monu-
ment to the late Gen. U. S. Grant by the
useless cutting down of shade trees. his
torical landmarks Of our beautiful city.
The Central Labor Union of the Dis.
trict of Columbia heartily indors,s the
action Of The Stars stand in dema ndinR
that the city's historic shade trees shall
be preserved to the people of our city and
nation.
I'VE hereby urge upon our citizens gen