Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-01-10
War Department Acts Ad-
verseIy on Request to Assign
Portion for Experiments.
AREA IS FOR RECREATION,
SAYS ACT OF CONGRESS
Both Col. Harris and Gen. Crowder
Say No Legal Authority Exists
to Make Grant.


exclusive use OF the people, the War
Department has acted adversely on q
proposition to assign a portion OF the
experimental aircraft. Some time ago
Prof Charles D. Walcott, chairman of
the advisory committee Of the Langley
Aerodynamical Laboratory. requested
President Wilson to permit the use of
g. section of Potomac Park east of the
Pennsylvania railroad embankment in
making such tests. The President re-
ferred the application to Secretary
Garrison, and he called on Col. w. w.
Harris, the engineer officer In charge
Of public buildings and grounds. for
q report on the subject.
In his report Col. Harris directed at
tention to the fact that the act OF
March 3, 1897. provided that the entire
reclaimed area should be named "Poto-
mac Park and 'be forever held and
used as a park for the recreation and
pleasure of the people"
The reclamation Of the land, Col. Harris
said, had been accomplished only by
large expenditures of money appropriated
by Congress, and he added that ''for
the last ten years Congress has adhered
to its intention that this area should be
held as a public park by making yearly
appropriations for its development, so
| that at the present time the entire por-
| ton west of the railroad embankment
has been improved"
Roadway Around River Front.
'In addition to this" continued Col.
Harris. during the fiscal year ended
June 30, 1913. work was commenced on
| the construction of a macadam road
way around the entire river and harbor
front Of the section east Of the railroad
embankmem. The work of improving
the interior portion Of that section has
| been started with the $4,000 approprtat-
ed for that purpose in the sundry civil
act for the present fiscal year" He calls
attention also to the fact that the Agri-
| cultural Department, at the request OF
the War Department, at the request OF
discontinue the use Of a certain portion
of the eastern section, which the former
experimental agricultural farm.
1T is the intention of this Office" he
continues ito commence as soon as pos
sible the development Of the ground the
use of which is requested herein. and the
erection there of small buildings. hang
ars, tracks, ETC.. might retard that work
It does not seem desirable to permit any
| occupation of this area that will in any
way delay or obstruct the main purpose
for which the area was provided by Con.
gress. In view Of the provisions con-
tanned in the sundry civil acts approved
August 80. $780, and August "a. 1912, pro.
hibiting the erection Of structures OF
buildings upon the public grounds with
out the authority Of Congress, 1t seems
doubtful whether any such permission as
is requested herein can be granted with
out appropriate action Of Congress-, which
for the reasons above given 1t does not
seem desirable to request. For the fore
going reasons it is recommended that this
application be denied"
Gen. Crowder Makes Adverse Report.
Gen. Crowder, judge advocate general
| Of the army, to whom the application was
referred for illegal opinion. also made
| an adverse report. TT Is well settled
| said Gen. Crowder, that no legal au-
| thority exists by which the executive
can grant a revocable license to use the
lands Of the United States where such
use would conflict with the purpose for
| which they are held. and it would appear
that the occupation of this park. or Of a
portion OF 1t, for experimentation IN aero
nautics and the erection thereon of build
| ings. hangers. ETC.. in connection with
said experimental work would necessarily
conflict with its use for the recreation
and pleasure Of the people.
Furthermore, 1t was evidently the
view Of Congress, expressed in 1899, two
years after the above act was passed.
| that said act prohibited even the tenn
| porary use of this reclaimed area, or OF
| any portion thereof, for any other pur-
pose than that specifically named there
in, because, In order that the Department
Of Agriculture might be permitted to make
temporary use of a portion of said
lands not yet improved for park pur-
poses. 1t was deemed necessary to enact
legislation to authorize the granting of
such permission. Such legislation was ac-
cordingly enacted in an act approved
March B, 1899. which provided in part
That the Secretary Of War is authorized
to grant permission to the Department of
| Agriculture for the temporary occupation
| of such area or areas of Potomac Park,
not exceeding a total of seventy-fire acres
| in extent, as may not be needed in any
one season for the reclamation or park
| improvement, the said areas to be used