Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-11

TO CeIeTl1!lHe lltle W the
Two tanks on N street and an engine
house on Water street. which. 1t Is al
| legged. have been built by the company on
government-owned property, may be or
dered removed II the proceedings termi-
| nate in favor OF the District.
| The Commissioners action is regarded
as significant coming. ii does. upon
the heels of their refusal to grant an
| application made by the company for the
| closing of the block bounded by NJ and n
streets and 10Th and 18th streets south
east. In this square. It is said. the COM
pany has made improvements that extend
over certain streets and alleys.
May Enter Other Suits.
While the corporation counsel has been
directed to institute proceedings only with
respect to n and Water streets, 1t Is said
| to be probable that similar action will be
taken with respect to the streets con-
| tanned in the NJ and and 18th and 18th
streets block In that event. the matter
| Is apt to resolve itself into long -draWn-
out fight in the courts.
The two tanks and the engine house
which the company is said to have con-
structed on and Water streets are
located Immediately south OF the block
bounded by NJ and " and 18th and 18th
streets. The tanks. 1t Is claimed, are In
the center of N street. while the engine
house extends about forty feet into Water
street.
The matter was called to the attention
Of the Commissioners by Assistant Al
torney General J. A. Fowler District
Surveyor NJ. c. Hazen was directed TO
make a survey of the land. and his report
confirmed the charge preferred by the
Department Of Justice official.
Immediately following the receipt OF
Mr.. Hazens report and recommended
tions, the Commissioners decided to In
struct the corporation counsel to bring
proceedings to determine title to the
land.
Neither Street Improved.
Neither street is improved. 1t was
suggested by officials of the engineer
ing department of the District today
that in the event Of the court render
ing a decision favorable to the Dis
trict. the company could be allowed
to maintain the improvements on a
rental basis until the streets are i'm
proved. Unless some such agreement
as this is reached the removal Of the
property will mean q heavy expense
for the company.
officials of the gas light company
expressed surprise when informed Of the
charge made by the Department of JUS
tice that the company has erected Inn
provements on certain public streets.
Benjamin s. Minor, attorney for the
company, stated that the matter never
had been brought to his attention and
that he was not in a position to discuss it.
Assistant Attorney General Fowler
this morning was informed in a letter
from the Commissioners that the corpora
ton counsel has been instructed to bring
legal proceedings. with a view to COM
pelling the removal of the encroachments
on the streets or permitting them to re-
main on rental basis.
The Department Of Justice has notified
the Commissioners that 1t will furnish
them with such information and assist
ance as may be available If 1t shall be
determined that there is an encroachment
on the rights OF the United States.
According to the charge preferred by
the Department of ustice, the gas light
company claims ownership to the ground
| on which 1t has erected the improve
| ments.
N Street in L'Enfant Plan.
1t was stated today by Surveyor Hazen
that street is one Of the original streets
Of Washington. being provided for in the
L'Enfant plan. and that title to the prop
erty is vested in the United States.
Already there are evidences to the
effect that difficult questions are in
yolved in the situation and that the
proceedings will grow into a stubborn
legal fight.
The application of the Washington
Gas Light Company to close the block
just north of it's Improvements on N
and Water streets was made August Z.
After the matter had been referred to
the corporation counsel the Commits
sioners denied the application on the
ground that they had no authority or
power to permit all the lots contained
in the square to be combined
What stems take against the M
pany to compel the removal Of encroach-
ments on streets In this block was mat
ter being considered by the Commission
ers when the Department of Justice
street improvements.
A solution Of the first problem still re-
mains to be arrived at Whether the
cases will be handled separately or col
not improbable that the litigation Will be
combined.
Other improvements Made.
In several instances, 1t is charged, the
gas light company has extended improve
| ments over streets In the block mention
ed. The principal improvement was the
building Of q machine shop across Bliss
street. it is alleged. In addition to this,
| 1t is said. other improvements have been
extended across Eaton street and an alley
| In the southern part Of the block.
The refusal Of the Commissioners to
grant the application to close the block
| means that legal steps will have to be
| instituted sooner or later TO determine
title of the land with a view to removing
the encroachments that have been con-
structed across the streets and alleys.
In reporting to the Commissioners re-
garding the charge preferred by the De-
partment Of Justice. with respect to I'M
provements on N and Water streets. Sur
veyor Hazen recommended that the gas
| light company be notified that 1t was
occupying public space and that 1t would
be required to remove the Instructions
at any time there should be a use for the
ground.
1t Is said that the District. should 1t
desire. could rent the ground that has
been improved to the company, and
that 1t would not be setting a prece-
Qent In THIS respect such conrSa