ENLARGING THE CAPITOL GROUNDS

THURSDAY, JANUARY 10, 1929

UNITED STATES SENATE,

COMMITTEE ON PUBLIC BUILDINGS AND GROUNDS,

Washington, D. C.

The committee met, pursuant to call, in room 301, Senate Office Building, Washington, D. C., at 10.30 o'clock a. m., Senator Henry W. Keyes, chairman, presiding.

Present: Senators Keyes (chairman) Fess, Smoot, Shipstead, Swanson, and Tydings.

The CHAIRMAN. The committee will come to order. We can consider a quorum present because several Senators have authorized me to count them for a quorum.

The committee has met this morning to consider H. R. 13929 to provide for the enlarging of the Capitol Grounds.

(The bill referred to by the chairman is here printed in full as follows:)

[H. R. 13929, Seventieth Congress, first session]

AN ACT To provide for the enlarging of the Capitol Grounds

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commission created by the act entitled "An act to create a commission to be known as the Commission for the Enlarging of the Capitol Grounds, and for other purposes," approved April 11, 1928, is authorized and directed to carry out the plan for the enlarging of the Capitol Grounds recommended by the commission in Scheme B of its report to the Congress contained in House Document Numbered 252, Seventieth Congress, first session, as follows:

(1) Provision for an avenue extending from the western fountain in front of the Union Station southwesterly to Pennsylvania Avenue, joining said avenue between Second and Third Streets Northwest.

(2) Closing of North Capitol Street south of D Street.

(3) Closing of C Street to vehicular traffic between New Jersey Avenue and First Street Northeast, and removal of street-car tracks from C Street and re-laying them in a subway passing under Delaware Avenue.

(4) Removal of street-car tracks from Delaware Avenue and B Street (including the spur extending from Delaware Avenue into the Capitol Grounds) and re-laying them on First Street Northeast, and establishing a convenient subway connection with the basement of the Senate Office Building.

(5) Construction of an underground garage extending from Delaware Avenue to New Jersey Avenue;

(6) Acquisition of private property and removal of existing buildings, as hereinafter provided; and

(7) Construction of terraces and fountains, grading, landscaping, and architectural treatment.

SEC. 2. For the purposes of this act the Architect of the Capitol is authorized, under the direction of the commission

(1) To acquire, on behalf of the United States, by purchase, condemnation, or otherwise, all or any part of the privately owned lands, including buildings and other structures, in lot 800 of square numbered 574; square numbered

575; lots 1, 2, and 818 of square numbered 630; lot 1 of square numbered 631; the western half of square numbered 633; and reservation numbered 12, as such squares and reservation appear on the records of the office of the surveyor of the District of Columbia as of the date of the approval of this act. Any condemnation proceedings instituted under authority of this act shall be in accordance with the provisions of section 3 of the act entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1891, and for other purposes," approved August 30, 1890, as amended.

(2) When title to the property specified in subdivision (1) of this section has been vested in the United States, to provide for the demolition and removal, as expeditiously as possible, of any structures thereon; and to provide for the demolition and removal, as expeditiously as possible, of any structures on other lands within the area of the propoed development.

(3) To enter into contracts, to purchase materials, supplies, equipment, and accessories, in the open market, to employ the necessary personnel, including professional services without reference to section 35 of the act approved June 25, 1910, and to make such expenditures, including expenditures for advertising and travel and the purchase of technical and reference books, as may be necessary.

SEC. 3. All privately owned lands acquired under the provisions of this act, together with all other lands within the area of development proposed in Scheme B of House Document Numbered 252, Seventieth Congress, first session, including streets and roadways, shall be a part of the Capitol Grounds under the jurisdiction and control of the Architect of the Capitol, and all lands within such area heretofore under the jurisdiction and control of the Commissioners of the District of Columbia are hereby transferred to the jurisdiction and control of the Architect of the Capitol; except that any street or roadway within such area under the jurisdiction and control of the Commissioners of the District of Columbia shall not be transferred to the jurisdiction and control of the Architect of the Capitol until such time as the Architect of the Capitol files notice in writing with the Commissioners of the District of Columbia that such transfer is necessary for the proposed development.

SEC. 4. (a) It shall be the duty of any street-railway company, the removal of whose tracks is necessary under the plan of the proposed development, when so requested in writing by the Architect of the Capitol, to remove any of such tracks, to repair and restore the space vacated, and to relay such tracks on the streets designated, as may be directed by the Architect of the Capitol, the total cost thereof to be borne by said companies.

(b) Whenever, in carrying out the provisions of this act, it becomes necessary to change the grade of any street occupied by the tracks of any street-railway company the company shall adjust the grade of such tracks to the new grade of the street, the total cost of such adjustment to be borne by said company.

SEC. 5. The Director of Public Buildings and Public Parks of the National Capital is hereby authorized and directed to proceed with the development of that part of the public grounds in the District of Columbia connecting the Capitol Grounds with the Washington Monument and known as the Mall parkway, in accordance with the plans of Major L'Enfant and the so-called MacMillan Commission, with such modifications thereof as may be recommended by the National Capital Park and Planning Commission and approved by the Commission for the Enlarging of the Capitol Grounds. Such development shall include the grounds now occupied by the Botanic Garden between Pennsylvania and Maryland Avenues west of First Street, and, as to such grounds, the development shall be in accordance with the approved plans for enlarging the Capitol Grounds. For the purpose of carrying out the provisions of this section, jurisdiction over that part of the public grounds the development of which is herein authorized shall be transferred to the Director of Public Buildings and Public Parks of the National Capital at such time as may be approved by the Joint Committee on the Library.

SEC. 6. There is hereby authorized to be appropriated the sum of $4,912,414, or so much thereof as may be necessary, to enable the Commission for the Enlarging of the Capitol Grounds to carry out the provisions of this act relating to the enlarging of the Capitol Grounds. Appropriations made under authority of this section shall be disbursed by the disbursing officer of the Department of the Interior.

The CHAIRMAN. I may say, before taking any testimony, that the commission that was appointed by act of Congress to consider the development of the land between the Union Station and the Capitol has made its report to Congress, and that report is embodied in two bills, one introduced in the House by Congressman Elliott, chairman of the Committee on Public Buildings and Grounds, and one by myself in the Senate. They are identical bills.

The House committee reported the bill out favorably and the House has passed the bill and it has now come to us.

I have been advised that the officials of the street railway companies here did not have what they considered a satisfactory opportunity to present their views on the traffic situation before the House committee, and for that reason have asked that they might be heard before the Senate committee, and that was the occasion for calling this meeting this morning. The committee will be very glad to hear from the officials of the street railway companies or anyone else that is interested in the solution of the traffic problem in connection with the enlargement of the Capitol grounds.

STATEMENT OF WILLIAM F. HAM, PRESIDENT WASHINGTON RAILWAY & ELECTRIC CO., WASHINGTON, D. C..

Mr. HAM. Mr. Chairman, I am William F. Ham, president of the Washington Railway & Electric Co. Mr. Hanna, the president of the Capital Traction Co., will be here shortly.

As the chairman has stated, we are here to express our views with reference to the legislation which has passed the House, H. R. 13929. Our particular interest is in those provisions on page 2, beginning with the first item.

(1) Provision for an avenue extending from the western fountain in front of the Union Station southwesterly to Pennsylvania Avenue, joining said avenue between Second and Third Streets NW.

(2) Closing of North Capitol Street south of D Street.

(3) Closing of C Street to vehicular traffic between New Jersey Avenue and First Street NE., and removal of street car tracks from C Street and re-laying them in a subway passing under Delaware Avenue.

(4) Removal of street car tracks from Delaware Avenue at B Street (including the spur extending from Delaware Avenue into the Capitol grounds) and re-laying them on First Street NE., and establishing a convenient subway connection with the basement of the Senate Office Building.

The balance of the items on page 2 does not concern matters that particularly affect the railway companies.

Also the provisions in section 4 of this bill, on page 4, at the bottom of the page:

SEC. 4. (a) It shall be the duty of any street railway company, the removal of whose tracks is necessary under the plan of the proposed development, when so requested in writing by the Architect of the Capitol, to remove any of such tracks, to repair and restore the space vacated, and to re-lay such tracks on the streets designated, as may be directed by the Architect of the Capitol, the total cost thereof to be borne by said companies.

(b) Whenever, in carrying out the provisions of this act, it becomes necessary to change the grade of any street occupied by the tracks of any street railway company the company shall adjust the grade of such tracks to the new grade of the street, the total cost of such adjustment to be borne by said company.

Those are the provisions of the bill in which the railway companies are particularly and directly interested.

We were advised in the summer of 1927 that there was under consideration a new development plan for the Capitol grounds between the Capitol and the Union Station Plaza, and, at that time, had conferences with Mr. David Lynn, architect of the Capitol. At that time the plan under discussion was somewhat different, so far as our interests were concerned, from that contained in the present bill.

It appears that under date of April 24, 1928, a communication, House Document 252, was submitted by the commission for the enlarging of the Capitol grounds, recommending the adoption of what was therein referred to as scheme B.

On May 21, 1928, a bill (H. R. 13929) was introduced in which scheme B, above referred to, was approved. Said bill was referred to the Committee on Public Buildings and Grounds, reported favorably, and passed by the Congress on May 28.

You will note that that is only one week after the date of the introduction of the bill; and the railway companies, as a matter of fact, had no opportunity to appear before the House Committee on Public Buildings and Grounds, although perhaps they should have made that request, but they simply did not know of the pendency of the legislation, which passed, as you see, inside of a week.

We brought that to the attention of the chairman of this committee that was in the closing days of the last session of Congress— and he told us that the bill would not be passed at that session and that we would be given an opportunity to be heard.

I can not make myself too clear or definite in stating that the position of our company and, I may say, the position of the Capital Traction Co., is that we do not wish to have any objections or to be considered as objecting to any plans that the Government has for the beautification of Washington, and particularly for the beautification of the Capitol Grounds. We do have certain interests which I hope I can convice the committee are substantial. But please do not consider in any way that anything that we say is a criticism of or as entering any objection on the part of the railway companies to this plan for the beautification of Washington and the improvement of the Capitol Grounds, because we feel that that is a matter concerning which we have no right to speak. It is a matter entirely within the discretion of the Congress.

Senator SMOOт. Have you given any consideration to the proposals here of the changes of the street railway?

Mr. HAM. Yes, sir. I will come to that.

Senator SMOOT. Are they feasible?

Mr. HAM. I do not think so, not as provided in this bill.

Senator SMOOT. I do not mean financially. I mean, are they feasible to fit in with the program that we desire to follow?

Mr. HAM. We think not, Senator.

Senator SMOOT. You think that the desired result can be obtained in a better way? Is that it?

Mr. HAM. Yes. I will come to that in a moment.

Senator SMOOT. I wanted to know your premises first, and then I can follow you.