Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-19
TITLE IN DISPUTE
Controversy Between United
States and Alleged Squatters.
SUIT IN EJECTMENT FILED
Government Seeks Possession Of
Reservation ga.
LOCATED ALONG ROCK CREEK
c. & o. Canal Company, Barber
Asphalt Paving Company and
Others, Defendants.

others, Defendants.
Restrained by the District Supreme |
Court seven years ago in an attempt to |
forcibly evict SPECIALIZED Squatters'' from |
the land adjacent to Rock creek lying |
south of X street and west of 2sth street, |
the United States of America today ap- !
piled to the same court for writ Of
ejectment, in order to determine by
regular legal proceeding whether the
United States is entitled to the land or
whether the present occupants or the
persons under whom they hold have the
lawful right of possession.
The defendants named in the bill,
| filed by Attorney General Wickersham
| Namara, are the Chesa peake and Ohio
Canal Company and the three trustees
holding title to It's assets, the Barber
Asphalt Paving Company, Knott
| Mohler, John Shore, Mary +. Hughes
and Andrew Lewis.
| The government claims that by the
alleged unlawful possession by the de-
PENDANTS its Golfers have been deprived
of rents and mesne profits estimated at
$4,000, and the court is asked to not
only restore possession to the govern
ment, but to assess that amount against
the so-called squatters.
| Court Issues Injunction.
| In 1905 the United States marshal,
acting under directions from the War
Department, attempted to eject the
Chesapeake and Ohio Canal Company
and the others on the property, but on
application Of the canal company the
court issued an injunction against the
marshal ana the officer in charge OF
public buildings and grounds, upon the
contention Of the company that the
/ question involved between the govern
ment and the company was one Of title,
| and should be tried in the courts. No
definite effort to settle this matter was
made until the proceeding now filed:
1t is said the property will be of great
value to the government, as well in
trinsically as in the government
scheme of park improvements. 1t is
also said that the claim of the gov
eminent is strengthened by the de-
Potomac flats case.
In the petition of the Chesapeake and
Ohio Canal Company in 1908 to restrain
the marshal from evicting 1t from TINS
Hand, the company set forth that 1t had
acquired some Of this land as far back
as 1885 by condemnation proceedings;
that it had bought other parts OF II
| from the old Union Bank, and that II
The present proceedings will determine
the rights of the parties.
| Area Of Land Controversy.
| The tract of land in question contained
1925 square feet, more or less, bound
ed by street bridge, 18th street west
and / street north, and along the course
of Rock creek. The actual description of
the property is as follows:
/ ''All that land in the city of Washing
ton lying west of a straight line CORE
| spending to the west line Of 18th street
west from point to determine by the In
| tersection of the south line Of the *
| street bridge with the said west line OF
| 18th street west, to a point determined
by the intersection of the south line OF
! l street north with the west line of 18th
street west Said land fronting 6933S
| feet more or less on 18th street west and
| being within the following bounds:
| beginning at a point where the south
| line of the K street bridge intersects the
/ west line of 2Sth street west; thence
south on the west line Of 18th street
1 west to the point where the south line OF
| l street intersects the west line Of 18th
| street west; thence west on the south line
| of l street north extended, until the said
line reaches the present course OF ROCK
/ creek; thence in a nOrtherIy direction
! following the meander of rock creek to
i the south line of the street bridge;
i thence east In straight line to the point
Of beginning, containing 112.2J0 square
feet, more or less
Originally Beyond Boundary.
The property is known as reservation
"a a." 1t is claimed by the United States
as it's property When the city was laid
out by the commissioners appointed by
Gen. Washington this land was all west
Of off yup IVA ma
Diary of the city for that vicinity, and
this tract is the result of the upland then
there, with the addition thereto by the
laccretion from the bank of the Potomac
river The property has been occupied by
the Chesapeake and Ohio Canal Company
and the Barber Asphalt Paving Company
and others for long time.
Counsel for the government today issued
the following statement:
Proceedings in ejectment to recover
over 10000 square feet Of land border
ing on Rock Creek were begun today
by the filing of declaration by Attorney
| General Wickersham on behalf of the
United States, in which the Chesapeake
and Ohio Canal Company, by its trus-
tees the Barber Asphalt COMPANY and
several individuals now in occupancy of
the land affected. are defendants The
United States seeks to recover possession
of a reservation known as Reservation
g!A, situated west of 2Sth street west
and between the X street bridge and the
south line OF | street north.
Like Between Parks.
The property is OF considerable value
to the United States, it forms a por-
ton of possible connecting link be-
tween the Potomac Park and Rock Creek
Park. The property at the present time
consists for a large part of vacant land,
the only Improvements being feNt
small buildings.
The United States has for number
OF years asserted its right to the posses
SIGN OF this property and in 1870, under
took summary proceedings to eject the
occupants, but these proceedings were
halted bv temporary injunction The
present suit Is intended to fully test the
title to the land which has been formed
by accretion, its location having at one
time been occupied by a basin Of the
Chesapeake and Ohio canal. 1t has been
abandoned for canal purposes fo- many
years, and the canal location Is now
west of the land involved in the suit.
Stuart Mcnamara is Of counsel for the
United States, and the proceedings are
brought upon the request OF the War De-
partment, under the jur. sdiction of which
the land will come In case the United
States is successful i'll its contention.
Title Was Investigated.
IAN investigation Of the title OF this
property was part Of the work under
taken by the commission to Investigate