Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-12
HAS No AUTHORITY
TO DESPO|L MALL
Park Commission Not Created
by an Act of Congress.
NOT A RECOGNIZED. BODY
Members Chosen by Secretary of
Senate Committee.
USED THE CONTINGENT FUND
Resolution Passed by Senate When
Convened in Extra Session to
Confirm Nominations.

When public protest was first
aroused against the proposed de-
struction of historic trees at the
east end of Botanic Garden to
make room for the Grant me-
mortal, it was found that a mis-
conception existed as to the status
of the park commission, which is
primarily responsible for the act
of vandalism so narrowly averted.
In the minds OF many Wash
ingtonians the conviction seemed
to be firmly established that the
park commission was a body duly
authorized by act of Congress,
and, as such, responsible only to
the legislators on the hill. There
fore, it was thought, its recon-
mendations carried all the weight
of an edict, and its decisions must
be accepted without question. AS
g matter OF fact the park commits
sion derives no authority from
legislative enactment.
Directly after the inauguration of Presi-
dent Mckinley, in 1901, the Senate was
cOnvoked to consider nominations in ex-
ecutiye session. During that session.
March s. Senator Mcmillan introduced the
following resolution:
The Mcmillan Resolution.
Resolved. That the committee on the
District OF Columbia be and it is hereby
directed to consider the subject and re-
port to the Senate plans for the develop
nent and improvement of the entire park
system of the District of Columbia For
the purpose of preparing such plans the
committee may sit during the recess OF
Congress. and may secure the services of
such experts as may be necessary for q
proper consideration of the subject. The
expenses of such investigation shall be
paid from the contingent fund Of the
Eenate."
Congress 1t will be observed, was not
In session: therefore, no authority of Con-
gress could by any possibility have been
delegated % any body of men in connec-
ton with the parks.
Nor Is there any mention of a specific
park commission IN the resolution. which
goes no further than to give permission to
may be necessary" The experts were
selected by Mr.. Charles Moore, secretary
to Senator Mcmillan and to the Senate
District committee and nobody can say
that he did not choose wisely. He Sc
cured the services" of Daniel II. Burn
ham. Frederick Law Olmsted, Charles F..
McKim and Augustus Saint Gaudens-a
sculptor a landscape gardener and two
no
name Of the park commission of the
United States" Travelled widely in this
country, spent the summer in Europe
and on their return established offices
In this city. with clerks and draughts-
men
The Senate contingent fund amounted
70 S5.HD. This amount was completely
swallowed up by the expenses of the ex-
perts. and even that sum was not SUM
Client 10 meet the cost of the comm is
sion. Since the services OF these ex-
perts had not been secured by act of Con-
BreSS, and since the So-called commission
was not recognized body. there was no
way 10 get money for them from the
government. The entire contingent fund
OF the Senate had vanished before them
and TO defray the rest Of their account
Senator Mcmillan was compelled to draw
upon his own resources. 1t Is not known
exactly how much the senator paid to the
experts for their services but it is GER
taAn lHdt the amount was many thousands
OF dollars.
Has No Authority.
The park commission. then, which de-
creed. through the Grant memorial COM
mission, the destruction OF the trees IN
the Botanic Garden. and which contem-
plates the spoliation of the entire Mall,
Is body wholly without authority. It's
existence as an assemblage OF experts,
employed by a Senate committee NAV
technically be considered to have ter
minated when payment was made for Its
services. though 1t may easily be granted
that, individually. its members remain
In the position of advisers to the gov
eminent in the matter OF parks. owing TO
their voluminous work upon the subject
and to the facilities for such work az
forded them quasi representatives OF
q committee of the Senate. But to hold
THAT this so-called commission has the
authority to step into washington aud
order alterations in its parks, with a per-
emptory DO this and do that, " is not
only a misconception. bat absurdity.
Many of the Recommendations of the ex.
perts are excellent. The scope of theil
scheme for the improvement of the city Is
monumental. as the estimate Of the cosi
Of the alterations and additiOns-SGO0 600