Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-15
THE MARKET SQUARE
Last of the Property Named in
the Hepburn Bill.
HAS INTERESTING HISTORY
Controversies Between Federal and
City Authorities.
PRESENT HOLDERS RIGHTS
Ready to Relinquish Ownership II
Government Wishes Square for
Mall Extension.
HAS INTERESTING HISTORY
PRESENT HOLDERS RICH!

| SAOSCAy dhCSlS the lulcISSlS VI viz PN"FA~
than their chief market. Any question.
therefore. which affects that market must
necessarily interest the people. The Hey
| burn bill provides for the purchase by the
government of all the land lying south
| Of Pennsylvania avenue, from the Botan-
ic Garden to 18th street west. and ex-
| tending to B street south. This land is to
be incorporated into what is known as the
Mall. and to be used from time to time. as
occasion may require. for the erection of
government, buildings. The Star has al
| ready covered all of the squares not
| now owned by the government. except
| reservation number seven, and that reser-
walton. or appropriation. as it was origi-
| nally called. is the square wherein stands
| the Center Market.
| Much of the history of this square is
enveloped in doubt and uncertainty. and
| 1t is curious fact that the most careful
search has thus far failed to disclose posi-
tive authority for the use of reservation
| No for market purposes. and Its
designation as Center Market square on
the early plats of the city. An interesting
! letter upon the subject. from Richard
| Wallach. then mayor of Washington, adj
dressed to the Secretary of the Interior,
| in November, 1855, is in existence.
Years Of Controversy.
For years controversies arose between
| the federal government and the munich
pal authorities of Washington as to the
right of the latter to use the square for
public market, and collect rental there
for. When the city was first laid out.
seventeen reservations or appropriations.
as they were then called. were set apart
"for the use Of the United States: and.
Notwithstanding the fact that the deed
from the original proprietors conveying
the land to the Commissioners authorized
to receive 1t made no such condition, but
conveyed it for the use of the United
States forever" the old corporation Of
Washington maintained that reservation
No. was originally intended and con-
veyed. and afterward set apart by Wash
ington himself. "for market purposes"
and that the corporation, not the federal
government. was better adapted to con-
duct and supervise market. and there
fore was the proper functionary. so to
speak, to carry out this intention. A
tention would make the creature greater
than the creator. Be that it may,
certain 1t is that as early October g.
1902. the city councils passed an act es-
Pennsylvania avenue between 7th and
9th streets west, to be known as the
Center market.
This act was approved by the then
mayor. Robert Brent. and since that
| time. UP to the passage Of the act of
| Congress of May 20. 1870, Incorporating
the Washington market. and giving 1t
a determinable fee in the ground for
ninety-nine years. the corporation of
Washington held and leased the square
argues long and ably in ibis letter already
referred to in the effort to prove the ex-
istence of legal right in the corporation
OF Washington to do this.
H.,
to an impression. which is widespread.
that as reservation Z was decided by
the original proprietors of the soil for
market purposes, whenever 1t ceases to
be used for that purpose 1t reverts to the
heirs of the original proprietors. This
impression, it is believed, is not well
founded. and, If Congress decides to take
the. reservation into the Mall it is not
| thought to be at all likely that the heirs
of the original proprietors will be found
to be entitled to any consideration.
Was Once "Beall's Levels"
The reservation was originally a part of
what was known as 'Bealrs Levels" and
was owned by David Burns, who, like the
other original proprietors of the land on
which the city is located, executed a deed.
under date of June %, 1791 conveying all
his lands to Thomas Beall of George and
John NJ. CAN'T the trustees empowered to
receive IL IOT the purpose or laying out
a federal city for the use of the United
States forever, conditions being pre-
scribed as to laying off the land in
streets, squares. lots and so forth, the
sale of the lots reserved to the United
States for that purpose and the payment
of the original proprietors for the land
appropriated to the use of the United
States as parks (not streets) at the rate
of twenty-five pounds an acre: and 'also
in further trust that the proprietor OF
the soil, his heirs and assigns, shall and
may continue his occupation of the land
sold at his or their will, until the same
shall be occupied under the said ap-
preparations for the use of the United
States, as aforesaid or by purchasers, and
not till then shall the grantor be required
to relinquish occupation
December 10, 1871, the Maryland legis-
lature passed an act subjecting the lands
of all other persons in the city to the
same terms and conditions as those con-
veyed by Motley Anderson, David Burns
and others to Thomas Beall Of George and
John M. Can't, in trust, as already stated.
Nothing can be found in the original deed
to Warrant the claim of the reversion of
the land to the original grontors heirs in
the event that it was not used for any spe-
cific purpose. although the deed did pro-
vide that the grantor. his heirs or assigns.
might retain the occupation of the land
until 1t was occupied under the appro-
priations or reservations, or until it
should be occupied by q purchaser. The
occupation of the original proprietor was
long since relinquished, and nothing can
restore 1t to his heirs, as such.
Nicholas Kings Contention.