Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-25
The River Flats Hill.

OPPOSITION OF TIE KIDwELL ACKNOWLEDGEMENTS
BEFORE THE DISTRICT CcaMTrTEE.
On yesterday. before the subcommittee OF the
House, III. +. Morris. esq. and Gen. Eppa Hunt0n
were heard against the bill on behalf OF the KID
well claimants, and Gen. Birney in favor OF it.
MI. MOTIFS objected to the provision for special
counsel at compensation mot to exceed 81 SOP a
year," to forcing the Kldwell claimants t. have
Two suits instead OF one; said that Kb.weIl had
entered an island, and his patent shoid be treated
as other property that he die not object to having
the title settled BY suit; the Island Should not be
the Mississippi river levees: the Kidwell claimants
were willing to give immediate possession OF the
iaho put were unwilling to take present value, as
providing, In effect that Congress should make
IHe improvement, keeping an exact account of
cost, and that the Improved land should be APP
praised, tue cost deducted from appraised value
and the d1fference paid to the KilWel claimants
He would send in brief on the legality OF the Kid
General Hunton added, In substance, that they
wished to promote, not to prevent, the improve
uonal government only, but that the rights under
the kiiwell patent should be respected. The
United States could not condemn private property
ties citedl In this bill 10 such necessary use is
mentioned. Kidwelrs property is, in fact, to be
condemned as nuisance The Improvement is
really drainage. In no case of drainage has the
lee OF the property drained been taken by the gov
ernment He referred TO Ohio law for draining
ment on the real estate, and TO similar laws in
other states He was willing that the Improve
ment should be made, but wanted the cost de-
difference paid to the kdweil claimants. He re-
ferred to the fact that two companies of private
spectators had wanted Congress to let them i'm
prove theliats He thought there were millions
IN lt; that the improved land would be or great
value.
Gen. Wm Blrney, for the bin, being asked nv
Gen. HuntOn whether he represented any one
sald ne ald not, that he appeared as "a citizen and
On written invitation unsolicited, from the chair
Were:
The provision for special counsel is limitation
On tne power OF tie Attorney General. intended to
prevent the presentation OF eXtravagant bills for
legal services; that the compensation was within
tho control OF the Attorney General, within the
limits prescribed. and while 1t was moderate for
Tie Labor required for the first year, it was too
much ior the subsequent years; the labor will re-
qure a special attorney to attend to IL, as one
now attends 10 the suits against the District before
ants more than one suit: The Kjdwell fats are
not an island, as claimed. Theyare below high
tide tide, and above low tide level. Ole exhibited an
ollclai plat or the survey, read letters establish
Ing this TACT from different eng neerS and referred
TO official surveys. He also stated that at high
tide these flats may be rowed over I'm boats
though at low tide il may be practicable for man
10 get around them In the mud). All the laws OF
Mary i were continued in force in the District
ID 1871 10y Congress. The act was in six lines and
made no special mention OF the land laws. AS
the officers named in the Maryland land laws did
tive here; CDR IS years no entry OF vacant lands
could be made. On February is, 1882 Congress
passed an act to allow entries OF vacant lands to
be made In washington county, outside OF Wash
tTgton cfty and outside OF all lands ceded 10 or
oe'q.ted 6y the United States for public purposes
Among the lands specially excepted were these:
1. The lands I'm Washington city, and
The land lying below high-water mark I'm the
Potomac and AnacOstla rivers and Rock creek.
These Sc were the only lands held for public pur
poses by Maryland In this territory and cede0 by
her, and are the ones meant in the statute OF 1859
as withheld from entry as vacant lands Gen.
Hunton and Mr.. Morris are challenged to show
any other lands in the District TO which the pro
hibitiOn will apply.
The western boundary OF Washington city has
The city has legslated for the fats, the wharye0i
and docks and, under special act. for Long Bridge
to the virginia shore; and the Levy Court never
true one, the fats being the remains OF former
land washed back to the gneiss rock or the wharf
line and covered with accretions due to the bridge
The harbor bottom lying within Washington
city, and also being land ceded by Maryland for
Ruo,ic pulps9seS was not subject TO entry under
out authority or law: Is nun and void. (Cites 2
Wallace, 65; Black, lse, and other cases.y
The United States can condemn property, not
only for use, but for dtsuse removal or destruction
tabiishmenf Of the kar6or lines and the reciams-
the national capital-two good and suficient uses
named in the BILL The drainage cases cited by
Gen. Hunton are on our side. In fact, Ohio did |
condemn the land actually taken for the draining |
canals and assessed the counties benetted lust as
the United States condemns the lands to be actu-
possibly assess half the c0et on the citizens OF /
Washington, through the tax laws Ohio did not /
condemn all the land In the - counties; and the
Washington because OF this Improvement
The proposition OF the kfdwell claimants to have
the government improve the mats, Keeping an ac-
the whole 49, q 10 innFn1od lan1 r 1n06sn1a-