Evening star. [volume] (Washington, D.C.) 1854-1972, 1953-08-08
Congress Can
Span,
Interior Rules
Department Solicitor
Sustuins West on
Use of Island

Department has. in effect, sus-
tanned the District Corporation
Counsel in the view that Con-
gresS may legally authorize con-
struction of a bridge athwart
Theodore Roosevelt Island.
Clarence A. Davis offered this
opinion yesterday, in response to
a request by Conrad l.. Wirth.
director of the National Park
Service, who is personally OPP
posed to the proposed bridge
project.
Mr.. Wirth asked for legal
guidance from Federal law ex-
perts about three weeks ago.
after Corporation Counsel YER
non E. West told the District
Commissioners that Congress,
and Congress alone, must make
the decision.
Nub of the controversy Is
whether the legislators can au.
thorize construction of the pro.
posed bridge-across the Poto.
mac River in a line from E street
NV. to Arlington boulevard in
Virginia--over the protests of
the Theodore Roosevelt Memo
rial Association, which decided
Roosevelt Island to the Federal
Government in 1882.
Calls for Compensation.
The association, in it's deed.
specified that the Government
should not use the island for
purposes inconsistent with park
and wildlife refuge development,
without the associations consent.
Solicitor Davis opinion had
this reservation: That if Con-
gress should decide to permit
bridge over the island it must
compensate the Roosevelt Asso-
citation for taking away the as
sociation's interest in the wood
ed property.
After a study of existing law.
Mr.. Davis further concluded that
a bridge employing the island
for some of it's foundations
would, in fact, be inconsistent"
with the use of the property as
a park.
Brig. Gen. Louis w. Prentiss,
Engineer Commissioner, who
strongly supports his Highway
Departments contention that a
bridge over the island is the. pri-
mary solution to the city's peak
hour traffic problems. said he
had no comment to offer on the
Federal officials opinion.
Gen. Prentiss emphasized,
however:
"Our only point is that it's up
to Congress to decide whether
building a bridge across the is
land is a use inconsistent with
the wishes Of the memorial as
ISOLATION.
Explained to Congress.
eve have stated our position
in great detail to Congress-. II
a bridge can be built across
Roosevelt Island, it should be
built across Roosevelt Island.
We have laid the problem before
Congress with the belief that
the Commissioners do not have
the authority to make the de-
cision."
Mr.. Wirth had asked the In
terror Department solicitor to
these three specific ques-
tons:
/. Under existing legislation"
could a bridge be built across
Roosevelt Island. using a por-
ton thereof for foundation pur-
poses?
2. Could the 100000 item
requested in the Districts fiscal
1854 budget for planning a Po-
tomac River bridge-not neceS-
sarily at E street.-the used in
the absence of additional legis-
lation?
3. Could Congress, by addi-
tional legislation. authorize con-
of the proposed bridge
without obligating the Federal
Government to pay the Roose-
welt Association for the land
authorized for bridge use?
Solicitors Answers.
The Interior solicitors answers
to these three questions were:
/. There can be no doubt
that a bridge across the island
would be a use inconsistent with
the purpose of the donation and
dedication of the Roosevelt Me-
mortal Association"
2. 90. 1t appears that there
is no prohibition on simply plan
ming an inconsistent use" Com
gress, in the 1854 supply bill for
the District, specifically dis
allowed the requested 100000
money for the bridge.
and provided that no funds in
the bill be used for that pur-
pose. This. Notwithstanding
the fact that District Off
Gals wanted the fund to
plan any Potomac bridge, To-
cation of which would be deter
mined by the legislators, whether
at E street or either of two other
popular proposals-Jones Point
in Alexandria. or Nebraska ave-
nue.
3. -. by the clear terms Of
the dedication and of the con-
gressional act of acceptance, the
Memorial Association retains an
interest in the island for the
taking of which the United
States would be obligated to
make just compensation"
100000 Spent On Island.
Speaking outside the confines
of his written INTERPRETATION