Evening star., 1953-07-15
E Street Span
Held Decision
For Congress
Cun Bring About
Use of Island,
West Declares
By John w. Stepp

" 'SOI1 w. StSPP
Whether or not the proposed
E Street Bridge passes over
Theodore Roosevelt Island is a
matter for Congress, not the
courts, to decide, the Commits
sioners have been told.
That is the Judgment Of Cor
poration Counsel Vernon e.
West, the city governments top
legal adviser.
Engineer Commissioner Louis
w. Prentiss, a strong proponent
of the controversial bridge site,
announced Monday night. on the
Commissioners weekly television
broadcast, that no legal bar to
the bridge exists. Gen. Prentiss,
who did not elaborate, based his
statement on Mr.. Vests findings.
These findings were not made
public until late yesterday.
Opinion Still Studied.
The Commissioners perused
Mr.. Vests report at some
length yesterday. But rather
than indorse or reject the legal
opinion Immediately, the city
heads decided to study it anew
at a meeting tomorrow. 1t will
be considered then side-by-side
with a draft of Gen. Prentiss'
report on the entire Potomac
River bridge problem. This is
the study which Congress last
year ordered the Commissioners
to make.
In the teeth of heavy opposi-
ton by the Theodore Roosevelt
Memorial Association, which
gave the island to the Federal
Government in 1882 for develop
ment as a park. Corporation
Counsel West reached three con-
cluSionS:
/. Since the island is owned
by the United States, congress
sional authorization is required
to build the proposed bridge.
2. Congress has "full power"
to authorize such construction.
Can Upset Private Rights.
3-Even if scme private inter-
est (Such as the former owners,
the Memorial Association held
sufficient right to bring court
fight to block the bridge, Con-
gress has the power to authorize
the obliteration of such private
rights" by means of condemna-
ton proceedings.
The Memorial Association in
the 1882 Congressional Act au-
thorizing the Governments ac-
ceptance of the island gift plain
ly stipulated that it's use be as
"a natural park for the recrea-
ton and enjoyment of the
public"
The act stated further that no
general development plan for the
island be effected without the
approval of the association. and
that mo development inconsist-
ent with this plan" be executed
without the associations consent.
Consistency" Question.
Notwithstanding his finding
that Congress has full power" to
order the bridge built if it sees
fit. Mr.. West viewed the CON
sistency" proviSo of the act as
the sole question" before him.
He wrote that if the proposed
bridge is inconsistent with the
islands development as a park
as the association and it's sup
porters stoutly contend - the
question is one (which could not
be raised in any court proceed
ing, but only as point of order
in the event the (congressionaD
authorization for the bridge is
sought in an appropriation bill"
This means that if such au-
thorization is sought by the Dis
trict, it could be blocked by the
simple expedient of a single
member of Congress voicing his
objection to the bridge when the
time arose for a vote on the
appropriation measure.
Must Sell Congress.
On the other hand, should the
bridge be found not inconsistent
with development of the island
as a park-or should specific
legislation for it's construction
be sought-"there is no way in
which objections could be raised
except by trying to persuade
Congress to refuse authorization
of the island for bridge pur-
poses."
Mr.. West noted, parentheti-
cally, that the District Highway
Department proposes to submit
a special bridge authorization
bill. In that case, he said, 1.-The
entire matter will become one
of persuading Congress pro or
con-"
In my opinion" Mr.. West
fatty declared, there is no legal
obstacle to construction of this
bridge so long as Congress spe-
cif1cally authorizes the same"
And, seemingly casting his lot,
in lawyers guarded terms, with
the city highway people. the Cor
poration Counsel added: "I am
not convinced that the use of
this island for a bridge would,
necessarily, be inconsistent with
park uses"