Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-14

Now remains public park free
to residents.
Town council to control premises.
No pipe lines to convey away
spring water.
That the famous Takoma spring. in
TakOma Park. Nd. whose water is known
far and wide, was irrevocably dedicated
to the public use as park long before
the town of Takoma Park was incerpo-
rated as municipality is the opinion of
the Takoma town council.
One. of the questions voted on by the
citizens of the town at the last municipal
election was as to an inquiry regarding
the legal ownership of the TakOma spring.
Printed at the bottom of the ballots at
the election was the following: Shall the
mayor and council reaSSert the rights of
the people of Takoma Park to the owner
ship of Spring Park by legal proceedings
or otherwise. as may be nee .ssary?''
The history of the case is that quit
claim deed was recorded in Rockville.
Md. August IN. 1Mn. and entered upon the
land records of Montgomery county. Nd.
transferring the title of the spring prop
erty to out-of-toWn residents. The agree
ment and indenture were made August d,
1As. between Alvah Wiswall and his wife.
Isabella f. Wiswall, of Boston. Mass.
and the town of Takoma Park. Md. The
papers contained the signatures of the
parties named. and also those of Samuel
S. Shedd, mayor. and George A. Warren.
clerk and were attested by Marion Smith
and Calvin W. Sawyer. The papers were
sworn to by Calvin w. Sawyer of Massa :
chusetts and Homer Query. justice of the
peace for TakOma Park, Md.
Provisions of Agreement.
The agreement set forth that Benja-
min F. Gilbert. being the then owner of
the ground upon which the greater part OF
Takoma Park stands, filed a plat show
ing ground on which a spring of water
exists. which was designated Spring
Park the fee simple title to which has
by conveyances in due form from him
aud those claiming under him become
vested in Alvah and Isabella Wiswall.
From time to time questions as to the
ownership have arisen between the town
of Takoma Park and certain citizens Of
the town on the one side and the different
and successive owners of the property on
the other. the former claiming the title
and ownership of the property to be vested
in the town and the latter claiming abso-
lutte ownership under the deeds.
The paper stated further that the only
object of the ownership of the property
by the town was to afford the inhabitants
access thereto for the purpose of procuring
the spring water for domestic use, and the
spring water to the public. other than the
residents of the town. and to have abso-
lutte ownership and control of the spring
and park to prevent nOn-residents from
procuring the water and selling it,. 1t
was stated further that the rights of the
parties involved were not hostile, but that
the claims of each would be maintained
without prejudice to the interests of the
other. it being possible to adjust the
'claims amicably, SO the agreement was
drawn.
Rights to the Spring.
The Wiswalls, according to the agree
ment. were to retain possession of
Spring Park and the spring of water.
and to have the rights to take such meas
ures they deemed necessary to i'm
prove. protect, develop and beautify the
same and exercise all of the rights of alb
solute ownership thereof, subject to GER
tain provisions
On the other hand, by the agreement
the inhabitants of the town of Takoma
Park were from time to time to have
free and unlimited privilege of taking in
buckets. bottles. demijohns or other SINH
lar utensils. for domestic purposes only,
The water of the spring at any hour Of
the day or night, under regulations and
restrictions mutually agreed upon be-
tween the parties mentioned. In the
event of any disputes the question was to
be referred to a disinterested third party.
The town authorities were to enact such
ordinances from time to time to protect
the property from trespassers and from
con-, mination and to furnish police pro-
lection. In the event any inhabitant of
the town sold the water to any person,
the owner of the property had the right
to deprive the person so selling the water
from access to Spring Park" The park
and spring were to forever be exempted
from taxation by the. town.
AT the June meeting of the town council
the matter was presented by Mayor Platt
and referred to the judiciary committee
for investigation and report. The con-
illusions reached by the committee are the
result of an examination of the law.
Explanation by Committee.
The committee explains that the instru-
ment referred to, dated August q, 1900,
purporting to be an agreement between
Alvah Wiswall and wife, on the one side,
and the town of Takoma Park, Md. on
the other, and also purporting to quit
claim the right and title Of the town to
the Wiswalls, lis void for want of power
in the mayor and council to make the
same"
The report sets forth further: That
the ground remains now a public park
free to the use of the inhabitants as
such, that from the circumstances OF
the dedication and the subsequent use by
the people, the inhabitants of the town
| have right of access 10 the spring for
the purpose of carrying away water in
vessels for their own domestic use: but
| that the use of the ground and the spring
| is subject to protection. control and regu-
| latiOn by the council.
The committee recommends that the
grantees of the Wilwalls be notified
| that they will not hereafter be permitted
| TO exercise any authority or control over
| the premises, or erect any building or
| other structure thereon, or to lay pipe
| line thereon to convey away the water
! of the spring.
Power to Control.
| The committee is of the opinion, how
ever. that the council probably has power
| to control the disposition of the surplus
waters of the spring. and if it should
| appear that the grantees of the Wiswails
| have in good faith paid or given a valua-
| BILE consideration for their alleged title.
and have built up a business for the sale
| of the waters. that the council should
| give them preference in any agreement 1t
tmay make for the disposal of surplus
waters.
| At the last session of Congress a bill
was favorably reported authorizing the
| Takoma Springs Ice Company to lay a
| pipe line over private right Of way from
| the south side of Randolph street north
| east, across that street. S and 4th streets