Evening star., 1953-11-22
Road Dispute
Poses a Query
On PARKWAY
Citizens Soy Term
Doesn't Apply to
Belt Highway
By George Beveridqe

BY George beverId9e
The forthcoming court fight
over use of Montgomery County
parklands for part of the pro-
posed intercounty belt road
raises one question that is likely
to keep legal arguments spin
ming for some time. The ques-
ton:
What is a parkway?
For around this question re-
wolves a considerable part of
the court contention by six citi-
zenS that the belt road can't be
built legally in the Rock Creek
Park area near their homes and
between Wisconsin avenue and
Forest Glen.
The citizens filed suit in Fed
eral court two days ago against
the National Capital Planning
Commission. The planners, on
October 80, approved use of the
park for a small segment of the
belt route.
The planners are involved be-
cause of the Capper- -Cramton
Act of 1880. The act gave them
control over the parks develop
ment. The park land was ac-
quired under the Capper- Cram
ton Act.
Authority Is Questioned
In approving the belt road
use, Commission Chairman Har-
land Bartholomew noted that
the act required the land be
used for park purposes" But
since the road would be built
at substantially a parkway
standard" he said, the group be-
lieved it "can meet legal require
ments."
The Capper- -Cramton Acts
preamble stated it's purpose was
to provide for the "comprehen-
sive park, parkway and play
ground system" of the area.
The citizens. however, argue
that the specific section of the
act relating to the park gives
no authority for "parkways."
And even if it did, they contend,
the term would not apply to the
belt road.
The belt, they contend, six
lane, limited access, high-speed
through road, is a part of Mary
lands general highway system"
The intent of restrictive refer
ences to both park" and park
way" purposes, they argue, ex-
cludes consideration of such a
highway.
Court arguments on this point,
lawyers for both sides agree,
might well form the heart of the
legal battle.
Available definitions of the
term parkway" vary consider
ably.
The first congressional ref
erence to a parkway repeatedly
came in 1913, when the Rock
Creek and Potomac Parkway
was authorized. Legislation
spoke of that parkway" as
connection between Potomac
Park and the Zoo and Rock
Greek Park.
The following year.. 1914,
Webster's Dictionary defined the
term for the first time this way:
"A broad thoroughfare beau
titled with trees and turf" The
dictionary started with this and
is still sticking with it.
for non-commercial traffic, with
The American Association of
State Highway officials defines
the term as IAN arterial highway
for non-corrercial traffic, with
full or partial control of access,
and usually located within
park or ribbon of park like de-
velopment."
Conrad Wirth, director of the
National Park Service, said it
is IAN elongated park, with a
road usually used to connect
two or more parks"
Mr.. Wirth, sole Planning Com
mission member voting against
approval of the belt route, said
he believed the belt clearly would
be a illegal use. He said the Park
Services legal experts can find
no indication that Congress re-
ferenceS to "parkways" cover
such a road.
Not True 'Parkways.'
Mr.. Wirth said that under his
dif1nition, such roads as the
Suitland parkway and the Balti-
more-Washington parkway are
not true "parkways." He argued
that the George WASHINGTON
Memorial parkway is properly
named, however, because it was
authorized specifically to protect
land along the Potomac and to
connect historic parks.
The Planning Commission has
never adopted a precise defini-
ton. But its 1850 Comprehen-
sive Plan of highways shows the
belt route running through the
park as we'll as major through
, highway proposals in three other
park areas purchased with Cap
per-Cramton funds.
Mr.. Bartholomew said his in
depreciation of a parkway" is a
special type of automobile trav-
elway of more than ordinary
width and having park-like
characteristics"
He said the Planning Commits
sion was aware of its legal re-
sponsibility, and stressed that it
considered the location of the
road in the park as we'll as it's