Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-20
TAKOMA ADVANCES
PARK LAND CLAIM
Hearing on Siding Contro-
versy Is Recessed to Middle
of Week.
BY a staR Correspondent of The Star.

By Staf Correspondent of The Star.
ROCKVILLE, Md, July 20.-Further
evidence of the exercise of Jurisdiction
as public park lands over the strip in
North Takoma Park was given by Ia
koma Park town officials and former
officials here yesterday in the hearing
before Kenneth Lyddane. examiner in
chancery. in the controversy between
the municipal corporation and the Balti-
more 81 Ohio Railroad over the con-
tinued use by the latter in delivering
of freight to consignees from a siding to
trucks parked on the public lands.
Ben G. Davis, who was town clerk
and treasurer from 1900 to 1926. and
who has been mayor since that time;
Fred L. Lewton and e. E. Blodgett, for
mer councilmen, all gave details Of
work performed on the strip at public
expense by reason of the TACT that it
was public park property.
Testimony Halted.
The taking of testimony came to
halt yesterday and will not be resumed.
it was said, until next Wednesday or
Thursday, whichever day is convenient
for the appearance of Daniel Willard,
president of the Baltimore & Ohio
Railroad, who has been subpoenaed to
appear as witness for the attendant
in the suit, the town Of Takoma Park.
He, it was said, will be followed by
several more witnesses on behalf of the
on by William Stanley Of Laurel and
William F. Prettyman of Rockville,
counsel for the railroad company.
Mr. Lewton, who said that he became
resident of Takoma Park In 1908.
testified that only occasional use of the
siding in controversy was made in the
few years subsequent to that, and then
only for railroad camp trains. He iden-
titled printed circular of the parks
committee of the Takoma Park Citizens
Association of 1909. recommending that
of improvement of the public parks. and
particularly mentioning the square
south Of a then existing hotel on
Takcma avenue and the adjoining rail-
road. Questioned as to why he knew
that the strip in question was referred
to, he said that public fund was
raised by voluntary contributions. and
one of the largest contributors was an
owner of property facing the siding.
this plot. He said that he made a
motion in the council that the public
contribution fund be matched dollar
for dollar by the town.
Directed Work on Strip.
Mr.. Blodgett, who said he moved to
Takoma Park in 1889, and who was for
Ia years a member of the council. said
that as chairman of the street commit
tee he directed the performance Of work
on the strip in question, including the
cutting of grass and weeds. At that
time, he said, the plot was in grass. He
said that a carload of lumber had been
delivered to him at North Takoma and
he refused to accept 1t there, because
at that time the hauling was done by
horses. and the distance was too great.
He said the side track was placed there
for the purpose of delivering
lumber for the hotel.
Mr.. Davis testified that he first knew
that the strip of land was a part of
the public park lands of the town in
1900. soon after he became town clerk
when he made thorough study Of the
whole town from plats. He said it was
matter Of common knowledge in the
town and oficial knowledge to the
council that the strip was public park
and. And testified 1t was mentioned
in the town minutes. The first COM
plants in regard to the use Of the
siding for the delivery Of the freight,
he told the court, came to the council
N 1919. Beginning again III 1870, JIlc
complaint in this respect, he said, were
almost continuous, eliminating IN a
special meeting Of the town body in
April, 1928, when the matter was con-
sidered fully, and instructions were given
% the civic improvement COMMITTEES to
formulate regulations for the abate-
ment of the nuisance. He, too, said
that the town had spent funds in
up the strip.
On cross examination. he said he
could not say that freight was not de-
livered there in 1900, and also told the
court that the town had interposed no
objection to the delivery of cinders to 1t
there by the railroad. He testified that
the council in discussing questions re-
lating to its parks considered them as a
whole and the strip in question was a
part of them. Asked why nc action had
been taken to improve the strip as far
back as 1915. he said there were no
funds available for such improvement.
He was questioned particularly by Mr..
Stanley of railroad counsel, in regard
TO certain minutes referring to a COM
plant, and which said that the town
was in doubt as to its powers in the
matter. He explained that at the time
the corporation limits only extended to
the railroad right of way. and the ref
erence in the minutes did not mean that
the council had no authority over the
strip in question.