Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-27
GOVERNMENT HAS THE RIGHT
TO USE PUBLIC LAND HERE
Recent Decision by the Attorney General Merely
Declares Policy in Harmony With the Practice
Since the Foundation of the Capital City.

The recent action of the Attorney Cen
eral in rendering a decision declaring the
right of the government to use what it
pleases of the land reserved in this city
for public purposes Is only declaring
policy that is in harmony with the prac-
tice since the foundation OF the city.
The ground for public uses was Fur-
chased by the government under the
terms Of the original contract with the
landholders, while the balance OF the
land as divided into building lots was
pa rtitioned between the government ana
the individual owners share and share
alike or rather lot and lot alike. 1t has
been held ever since then, a period of
more than 100 years, that the government
could do as it pleased with this property,
and it has done So although for the most
Iart it has exercised this right mainly
in pursuance of what was the manifest
purpose of the agreement, and that was
to use il for public purposes.
Sale of Reservations.
Very early in the history OF the city.
about the year 1s21, the government in
pursuance OF its property rights decided
to sell the public reservations on each
Slde OF 1ennS dNSillc 1iCii =:
street on the north side and from 9th
street on the north side to the Capital
grounds, ana from 9th street on the south
sid. to I'd street. 1t was directed 10y the
act of Congress. passed at that time, that
the money derived from the sale of this
land be used 10 remuneratc the Washing
ton Canal Company for the expense of
changing the course of that waterway
frCm along'the south side of Pennsylvania
avenue east of 9th street to course
farther to the south.
In this way those reservations which
were originally intended continual
ton of the Mall scheme TO the north of
Pennsylvania avenue and including with
in its range the line of Pennsylvania ave-
nue. went back to private ownership. 1t
is defect of the l. Enfant plan of the
city that the first square on the north
side of the avenue between list and ID
streets was not included within the reser-
walton, but was laid out as a square Just
as the balance of the city ground. There
has never been satisfactory eXpiana-
ton offered of this detail of the original
plan.
Early Opinion of City's Plan.
No more of the reservations of land
with the city We're disposed of. All the
rest of this large holding has either been
occupied by the public buildings. else
kept as open places and parks. The in
tegrity of the plan so impossible and un
necessary in its character and scope as
ii seemed To the eyes of the great bulk
of the people who had 10 do with the city
1T that time and until within compare
lively recent years was preserved. and
largely, probably, because nothing could |
be done without the consent OF Congress- |
In the early years number of the !
now used parks Were |
either for public or private |
purposes At one time the trian guar |
space to the northeast of Pennsylvania !
the latter. however. being /
largely temporary in character and |
used for shows of one kind or another.
One of the predecessors of the Ma !
lional Theater was located on the tri-
angular space opposite the site of the
present structure.
Used Public Spaces.
The first building for what is known
as the X street market was located for
years on the open space at Pennsylvania
avenue and 2rth street, and. as is well
Known, the Northern Liberty market was
IN the reservation where in later years
Congress authorized the building OF the
tructure for public library, which An
rev Carnegie had offered to erect as a
gift to the city.
1t Is recognized now, since the growth
f cities and modern ideas about sanitary
living have changed the notions OF men
n the subject of housing, that mistakes
we're made both by the early commits
toner's and also later on by those in
barge of the public grounds in not TAX
ng for the public all the space thai was
Violently intended by the designer of the
ity plan to be used for that purpose !
he triangular pieces of land formed by
he cutting into the rectangular system |
f The streets by the transverse avenues
we're undoubtedly intended, especially the
mailer ones. to be left entirely open.
Small Building Lots.
This was not done, and the land was
Old and in most instances divided into
uilding lots. thus having in the shallow
epths OF such places the rear Of the
ouses with a frontage on a principal
treet. In addition. the limited building .
pace has had influence on the char
cter of the separate houses so that such I
PAGES thus improved in such fashion I
ave proved to he drawbacks rather than \
Comments to the vicinity, as originally ,
eSigned. L
Garfield Park will now become the site I
t a building where the heating plant d