Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-25
SPRING PARK TITLE DEBATED
COUNCIL OF TAKoMA PARK
TAKES ACTION.

One OF the questions TO he voted upon
at the coming election OF a mayor and
council al Takamo Park. Nd. will be the
inquiry into the legal ownership OF
the Takoma Spring. otherwise known as
Spring Park. This question arose at
the caucus OF the Takoma Park council
Monday night. and resulted in the unan-
imous adoption of a minute which was
ordered printed at the bottom OF the bal
lots To be voted Monday. May next. as
follows: Shall the mayor and council
reassert the rights of the people OF Ia
koma Park to the own srship Of Spring
Park by legal proceedings or otherwise.
as may be necessary" \ provision was
added whereby the voters may be enabled
also 10 pass upon the question OF expense.
IL any be incurred.
At the conclusion of the voting on the
nominations Mr.. J. n. Clark suggested
that the town of Takoma Park adopt a
methods in vogue in other communities OF
printing at the bottom Of the ballots
question of public policy which would give
the voters an opportunity 10 express them
selves on subjects of Importance 10 the
community. The question which the resi-
dents of the park would like TO see an
swered. he said, is one in regard to Spring
Park
The matter was debated generally by
the members.
Gives Notice to Council.
Mr.. Lisle Morrison followed Mr.. Clark
and said that il the question is carried
IL would be direct notice TO the council
10 take immediate action He expressed
the opinion that the people desire to have
their rights In the matter made clear. Mr..
F. l.. Lewtin suggested that prompt ac-
ton should be taken and that the water
should not pass out of the hands OF the
town authorities. He alluded to the rap
idly incre asing population of the town.
and said that in the near future there
is a possibility that the water will be
needed to meet the demands of residents.
Councilman w. w. Dyar who was
chairman of the judiciary committee OF
later council informed the meeting that
he gave opinion in regard to the mat
ter when the subject was discussed sew
eral years ago. He explained the legal
phase of the situation. and concluded by
saying that the question ought TO be
left to the people to decide
Mr.. l.. NJ. Mooers.a member of the coun-
Gil which passed upon the quit claim deed.
declared that If il is printed on the ticket
it will certainly be carried He said at
I he time the action referred to was taken
by the council it was deemed the best
thing to do. He closed by announcing
that if the council ordered the question
to be placed on the ticket he would vote
to reconsider the former action.
Mr.. II. +. Taft favored the motion and
said the people should be enlightened on
the subject. Mr.. j. B. Derrick suggested
that the question be put in such man.
ner that IL the council in looking into
the case shall find il will require funds
for legal suit the people of the town
might say whether they will be willing to
go to the expense
Mr.. Smith. a newcomer in the park. re-
ferred to the spring as being a valuable
asset. and said that If any legal steps
shall be found necessary il should be left
to the council to decide.
Mayor Platt's View.
Another member of that former council
was W. G. Platt. the present mayor or
the town who thought that IL no provis-
ion were made for the legal end of it,
members Of the council will feel that they
will have to vote for IL or resign. He
suggested that the words by legal steps.
IL necessary" be added to the motion.
He recited a history of the case as ne
remembered 1t.
Mr.. E. Norman Jackson spoke OF II as
being a matter of vital Importance and
said this was the first knowledge he mad
of the passage of the ownership of the
spring during his twenty years OF res
idence i'm the park. He questioned the
right of the mayor and council to deed
the property.
History of the Case.
The facts pertaining TO the case as re-
lated to a reporter for The Star are that
a quitclaim deed was recorded at Rock
Vile, Md. August 20. 1900. and entered
upon The land records of Montgomery
county. Md. The agreement and inden-
ture were made August g. 1900. between
Alvah Wiswall and his wife. Isabella E.
Wiswall, of Boston. Mass. and the town
of Takoma Park. Md. The papers. in
addition to the signatures of the above
parties, bear those of Samuel S. Shedd.
lnrE
and are attested by Marion Smith and
Calvin w. Sawyer. The papers were
sworn to by Calvin w. Sawyer Of Massa-
chusetts and Homer Guerry. justice OF
the peace for Takoma Park. Md.
The agreement sets 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 on
which spring of water exists. which
was designated Spring Park" the fee
simple title to which has by conveyances
i'm due form from him and those claiming
under him become vested in Alvah and
Isabella Wiswall. From time to time di-
vers 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 success
sive owners of the property on the other
the former claiming the title and owner
ship of the property to be vested In the
town and the latter claiming absolute
ownership under the deeds.
The paper states further that the only
object of the ownership of the property
by the town is to afford the inhabitants
access thereto for the purpose 10 procure
the spring water for domestic use. and
the object of the WiSwalls was to sell 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-resdents from
procuring the water and selling ii. 1t
was stated further that the rights of the
parties involved were not hostile. but that
the claims of each may be maintained
without prejudice to the interests OF the
other. 1t being possible to adjust the
claims amicaby without resort to litiga-
ton. and thus the agreement was drawn.
Further Provisions.
The agreement then states that the Wis
walls shall retain possession o: Spring
Park and the spring of water. and shall
have the right to take such measures as
they may deem necessary to improve.
protect, develop and beautify the same
and to exercise all the rights Of absolute
ownership thereof. subject to certain pro-
visions.
The town Of Takoma Park by the agree
ment and the inhabitants were from time
to time to have free and unlimited priv
ilege Of taking in buckets, bottles d2mi-
johns or other similar utensils. for domes-
tic purposes only. the water of the spring
at any hour of-the day or night. under
aQ