CHAPTER 30 PUBLIC BUILDINGS AND PUBLIC GROUNDS IN THE DISTRICT OF COLUMBIA Office of the Director of Public Buildings Establishment and duties, 1635. Director of Public Buildings and Public Parks: Reports to Secretary of War, 1637. lines, 1638. To be secretary and executive officer of Park system: Custody and description, 1640. Extension and development, 1641. Acquisition of small areas, 1642. Lease of lands acquired for park purposes, 1643. Traffic regulation, 1644. United States Park Police, 1645. Public bathing beaches, 1646. Public buildings and grounds; custody, 1647. Public buildings: Assignment of space, 1648. Care, maintenance, and protection, 1649. Public grounds: Regulations for care, 1652. Erection of buildings prohibited, 1653. Erection of buildings on adjoining restricted, 1654. Transfer of jurisdiction Changes in records, 1655. Mall parkway, 1657. Use for widening adjacent streets, 1658. Public works and improvements: Custody, regulations, and expenditures, 1659. Roads and streets: Jurisdiction over B Street, Washington, D. C., 1660. Troops to have right of way, 1662. 1635. Office of the Director of Public Buildings and Public Parks of the National Capital; establishment and duties. That the office of Public Buildings and Grounds under the Chief of Engineers, United States Army, and the office of Superintendent of the State, War, and Navy Department Buildings are hereby consolidated into a single office and shall hereafter be designated as the Office of Public Buildings and Public Parks of the National Capital. The Superintendent of the State, War, and Navy Department Buildings and the officer in charge of Public Buildings and Grounds shall hereafter be designated as the Director of Public Buildings and Public Parks of the National Capital, and shall be assigned by the President from the officers of the Corps of Engineers for duty in this position as now provided by law for the officer in charge of Public Buildings and Grounds and the superintendent of the State, War, and Navy Department Buildings. Sec. 1, act of Feb. 26, 1925 (43 Stat. 983); U. S. C. 40: 2. The commission in charge of the State, War, and Navy Department Building, established by the Act approved March 3, 1883, is hereby abolished and all powers and duties conferred and imposed by law upon such commission and the Superintendent of the State, War, and Navy Department Buildings shall hereafter be exercised and performed by such director, under the general direction of the President of the United States. Sec. 2, act of Feb. 26, 1925 (43 Stat. 983); U. S. C. 40: 3. The office of Public Buildings and Grounds, under the direction and control of the Chief of Engineers of the United States Army, is hereby abolished, and all authority, powers, and duties conferred and imposed by law upon the Secretary of War or upon the Chief of Engineers of the United States Army in relation to the construction, maintenance, care, custody, policing, upkeep, or repair of public buildings, grounds, parks, monuments, or memorials in the District of Columbia, together with the authority, powers, and all duties and powers conferred and imposed by law upon the officer in charge of public buildings and grounds, shall be held, exercised, and performed by the Director of Public Buildings and Public Parks of the National Capital, under the general direction of the President of the United States. Sec. 3, act of Feb. 26, 1925 (43 Stat. 983); U. S. C. 40: 4. 1636. Same; assignment of employees.-The Superintendent of the State, War, and Navy Department Building may from time to time alter the distribution among the various office buildings under his direction and control of the employees allowed by law as he may find it necessary and proper to do. Sec. 1, act of July 8, 1918 (40 Stat. 831); U. S. C. 40: 7. The powers and duties of the Superintendent of the State, War, and Navy Building were transferred to the Director of Public Buildings and Public Parks by sec. 2, act of Feb. 26, 1925 (43 Stat. 983), 1635, ante. 1637. Director of Public Buildings and Public Parks; reports to Secretary of War. The Chief of Engineers shall, as Superintendent of Public Buildings and Grounds, and as Superintendent of the Washington Aqueduct, annually submit the following reports to the Secretary of War in time to accompany the annual message of the President to Congress, namely: First. A report of his operations for the preceding year, with an account of the manner in which all appropriations for public buildings and grounds have been applied, including a statement of the number of public lots sold, or remaining unsold each year, of the condition of the public buildings and grounds, and of the measures necessary to be taken for the care and preservation of all public property under his charge. Second. A report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under his charge. R. S. 1812; U. S. C. 40: 20, 50. The powers and duties of the office of Public Buildings and Grounds were transferred to the Director of Public Buildings and Public Parks, by 1635, ante. 1638. Same; supervision of Government telegraph line. That the lines of telegraph, connecting the Capitol with the various departments in Washington, constructed under and by virtue of the Act of Congress approved March third, eighteen hundred and seventy-three, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other purposes," be, and the same are hereby, placed under the supervision of the officer in charge of the public buildings and grounds; and that the said officer be authorized and empowered to make rules and regulations for the working of said lines. Act of Feb. 4, 1874 (18 Stat. 14); U. S. C. 40: 28. No such lines of telegraph are, of course, now in operation, but the act has never been repealed. Sale of condemned material or lines not needed by the departments is authorized by sec. 1, act of Mar. 3, 1879 (20 Stat. 388). 1639. Same; to be secretary and executive officer of Fine Arts Commission.To meet the expenses made necessary by the Act approved May seventeenth. nineteen hundred and ten, entitled “An Act establishing a commission of Fine Arts," to be disbursed by the officer in charge of public buildings and grounds, on vouchers approved by the commission, who shall be the secretary and shall act as the executive officer of said commission, Sec. 1, act of June 25, 1910 (36 Stat. 1728); U. S. C. 40: 105. By 1635, ante, the duties of the officer in charge of public buildings and grounds were thereafter to be performed by the Director of Public Buildings and Public Parks. 1640. Park system; custody and description.-That the park system of the District of Columbia is hereby placed under the exclusive charge and control of the Chief of Engineers of the United States Army, under such regulations as may be prescribed by the President of the United States, through the Secretary of War. The said park system shall be held to comprise: (a) All public spaces laid down as reservations on the map of eighteen hundred and ninety-four accompanying the annual report for eighteen hundred and ninety-four of the officer in charge of public buildings and grounds; (b) All portions of the space in the streets and avenues of the said District, after the same shall have been set aside by the Commissioners of the District of Columbia for park purposes. Provided, That no areas less than two hundred and fifty square feet between sidewalk lines shall be included within the said park system, and no improvements shall be made in unimproved public spaces in streets between building lines or building lines prolonged until the outlines of such portions as are to be improved as parks shall have been laid out by the Commissioners of the District of Columbia: And provided further, That the Chief of Engineers is authorized temporarily to turn over the care of any of the parking spaces included in Classes (a) and (b) above, to private owners of adjoining lands under such regulations as he may prescribe and with the condition that the said private owners shall pay special assessments for improvements contiguous to such parking, under the same regulations as are or may be prescribed for private lands: Sec. 2, act of July 1, 1898 (30 Stat. 570), as amended * by act of Apr. 14, 1906 (34 Stat. 112); U. S. C. 40: 75. Rock Creek Park was established under the joint control of the Commissioners of the District of Columbia and the Chief of Engineers by the act of Sept. 27, 1890 (26 Stat. 492). Potomac Park was established by the act of Mar. 3, 1897 (29 Stat. 624), and was placed under the control of the Chief of Engineers by the act of Aug. 1, 1914 (38 Stat. 634), making appropriations for sundry civil expenses. By sec. 4 of the act of Feb. 24, 1925 (43 Stat. 975), the Arlington Memorial Bridge Commission is authorized to transfer to the park system under the Chief of the Engineers all or such portions of Government-owned lands which it may occupy for the bridge project authorized by said act, as the commission may decide to be necessary. By sec. 3, act of Feb. 26, 1925 (43 Stat. 983), 1635, ante, the Director of Public Buildings and Public Parks takes the place of the Chief of Engineers. Notes of Decisions Special assessments.-The fact that a public park in the District of Columbia is dedicated by act of Congress creating it to the use and enjoyment of the people of the United States does not withdraw it from the rule as to special assessments applicable in cases of streets and highways, but such assessments may be left to aid in the purchase and improvement of the property. Craighill v. Lambert (1898), 168 U. S. 611. there is hereby constituted * * 1641. Same; extension and development.a commission to be known as the National Capital Park and Planning Commission, composed of the Chief of Engineers of the Army, the Engineer Commissioner of the District of Columbia, the Director of the National Park Service, the Chief of the Forest Service, the Director of Public Buildings and Public Parks of the National Capital, the chairmen of the Committees on the District of Columbia of the Senate and House of Representatives, and four eminent citizens The Director of Pub well qualified and experienced in city planning, lic Buildings and Public Parks of the National Capital shall be executive and disbursing officer of said commission. Sec. 1, act of June 6, 1924 (43 Stat. 463), as amended by act of Apr. 30, 1926 (44 Stat. 374), as amended by act of May 24, 1928 (45 Stat. 726); U. S. C. 40: 71. The object of this commission is "to provide for the comprehensive, systematic, and continuous development of the park, parkway, and playground system of the National Capital." * 1642. Same; acquisition of small areas.-For the condemnation of small park areas at the intersections of streets outside the limits of the original city of Washington, The public parks so acquired shall become a part of the park system of the District of Columbia and be under the control of the Chief of Engineers of the United States Army. Sec. 1, act of March 4, 1913 (37 Stat. 971), as amended by act of Aug. 1, 1914 (38 Stat. 625), making appropriations for sundry civil expenses; U. S. C. 40: 93. By sec. 3, act of Feb. 26, 1925 (43 Stat. 983), 1635, ante, the Director of Public Buildings and Public Parks is substituted for the Chief of Engineers. 1643. Same; lease of lands acquired for park purposes.-The Director of Public Buildings and Public Parks of the National Capital is authorized, subject to the approval of the National Capital Park and Planning Commission, to lease, for a term not exceeding five years, and to renew such lease, subject to such approval, for an additional term not exceeding five years, pending need for their imme diate use in other ways by the public, and on such terms as the director shall determine, land or any existing building or structure on land acquired for park, parkway, or playground purposes. Sec. 2, act of Dec. 22, 1928 (45 Stat. 1070); U. S. C. 40: 726. 1644. Same; traffic regulation.-Nothing contained in the provision regarding the making and enforcing of regulations governing the speed of motor vehicles in the District of Columbia found in section 1 of the District of Columbia Act approved March 3, 1917, shall be construed to interfere with the exclusive charge and control heretofore committed to the Chief of Engineers over the park system of the District of Columbia, and he is hereby authorized and empowered to make and enforce all regulations for the control of vehicles and traffic, and limiting the speed thereof on roads, highways, and bridges within the public grounds in the District of Columbia, under his control, subject to the penalties prescribed in the Act entitled "An Act regulating the speed of automobiles in the District of Columbia, and for other purposes," approved June 29, 1906. Sec. 1, act of June 5, 1920 (41 Stat. 898); U. S. C. 40: 76. Nothing contained in this Act shall be construed to interfere with the exclusive charge and control heretofore committed to the Director of Public Buildings and Public Parks over the park system of the District, and he is hereby authorized and empowered to make and enforce all regulations for the control of vehicles and traffic, and limiting the speed thereof on roads, highways, and bridges, within the public grounds in the District under his control, subject to the penalties prescribed in this Act. Sec. 16 (b), act of Mar. 3, 1925 (43 Stat. 1126), as amended by sec. 3, act of July 3, 1926 (44 Stat. 835). By sec. 3, act of Feb. 26, 1925 (43 Stat. 983), 1635, ante, the Director of Public Buildings and Public Parks is substituted for the Chief of Engineers. 1645. United States park police; control, composition, equipment.-That the United States park police shall be under the exclusive charge and control of the officer in charge of public buildings and grounds, under the general direction of the Chief of Engineers, United States Army. It shall consist of an active officer of the United States Army, detailed by the War Department, one lieutenant with grade corresponding to that of lieutenant (Metropolitan police), one first sergeant, five sergeants with grade corresponding to that of sergeant (Metropolitan police), and fifty-four privates, all of whom shall have served three years to be with grade corresponding to private, class 3 (Metropolitan police); all of whom shall have served one year to be with grade corresponding to private, class 2 (Metropolitan police); and all of whom shall have served less than one year to be with grade corresponding to private, class 1 (Metropolitan police); and such others as the Director of Public Buildings and Public Parks of the National Capital deems necessary, and are appropriated for by Congress. Sec. 4, act of May 27, 1924 (43 Stat. 175), as amended by sec. 1, act of July 3, 1926 (44 Stat. 834). That the members of the United States park police force shall be furnished with uniforms, means of transportation, and such other equipment as may be necessary for the proper performance of their duties, including badges, revolvers, and ammunition; the United States Army officer detailed as superintendent of the United States park police, who shall use on official business motor transportation furnished and maintained by himself, shall receive an extra compensation of not to exceed $480 per annum. Members detailed to motor-cycle service shall each receive an extra compensation of $120 per annum. Sec. 6, act of May 27, 1924 (43 Stat. 175). That the officer in charge of public buildings and grounds, in his discretion, may appoint special policemen, without compensation, for duty in connection with the policing of the public parks and other reservations under his jurisdiction within the District of Columbia, such special policemen to have the same powers and perform the same duties as the United States park police and the Metropolitan police of said District of Columbia, and to be subject to such regulations as the Chief of Engineers may prescribe: Provided, That the jurisdiction and police power of such special policemen shall be restricted to the public parks and other reservations under the control of the officer in charge of public buildings and grounds. Sec. 9, act of May 27, 1924 (43 Stat. 176); U. 8. C. 40: 77. By 1635, ante, the authority, powers, and duties conferred by law upon the officer in charge of public buildings and grounds were transferred to the Director of Public Buildings and Public Parks of the National Capital. * 1646. Public bathing beaches.—* The Director of Public Buildings and Public Parks of the National Capital may, in the interest of economy and good administration, with the consent of the Commissioners of the District of Columbia, transfer for such period as he shall determine, to said commissioners the possession, control, and maintenance of any of said bathing pools or beaches. Otherwise they shall be operated and maintained by the said Director of Public Buildings and Public Parks, and in either case the official conducting any bathing pool or beach is hereby authorized to charge and collect a reasonable fee for the use and enjoyment of such pool or beach, such fees to be paid weekly to the collector of taxes of the District of Columbia for deposit in the Treasury to the credit of the District of Columbia. Sec. 2, act of Feb. 28, 1929 (45 Stat. 1412). This section is from an act authorizing the Director of Public Buildings and Public Parks to construct not to exceed six artificial bathing pools or beaches in the District of Columbia. 1647. Public buildings and grounds; custody.-That the Chief of Engineers shall have charge of the public buildings and grounds in the District of Columbia, under such regulations as may be prescribed by the President, through the War Department, except those buildings and grounds which are otherwise provided for by law; and when it shall be made to appear to the said Chief of |