Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-02-11

eral has been transmitted by the Secretary Of
War, to whom 1t was sent, to Representative
Jefiords, Of the House District committee:
DEPARTMENT OF JUSTICE,
WASHINGTON, Feb. 4, 1855.
SIR: return herewith the papers which ac-
companied your letter of the Goth ultimo, in
relation TO the AQueduct bridge across the Poto-
mac river at Georgetown, u; e., and, In COM
pliance with your request, have the honor to
state my opinion las to the present status OF
the case with reference to the validity OF title
TO me me property IN question: and the sniiciensg ,
title in the United States"
Respecting the land Used for the approach to
and occupied as site for the abutment OF the
bridge on the south or Virginia side the riverI
ind on examination that the Alexandria canal
company has good and valid title thereto; SO
want OF title, to this part OF the premises.
c,na Bat IN regard 70 the site OF the a6utmsnt In
used for the approach to the bridge on the
north or Georgetown side of the river, am of
the opinion that the deed of the Alexandria
canal company and others, WHICH is offered for
tbe acceptance OF the government, will not
pass good and sufficient title. This abutment
and Ohio canal company on land which in
part was owned by that company the part not
thus owned belonging to the public and find
that any change In the ownership of
this .nlasl, property has since taken place
and the abutment erected as above agreeably
to an understanding had between that conf
pany and the corporation of Alexandria in the
year 1928. AT that time an extension of the
Chesapeake and Ohio canal from its then
terminus at the Little Falls of the Potomac
to the western bank of Rock creek being pro-
Jected, and the establishment of a branch canal
to Alexandra in the interest of that place being
also contemplated. the said company PROPOSED
TO procure a suitable Site and erect thereon a
proper abutment for such branch; and at 4
meeting of the stock holders thereof held Sep
tember 18th, 1928 it was inter aia) resolved
that the president and directors of this COM
pany be requested TO instruct tine engineers of
the company 10 cause suitable plan to be de-
Vised Tor connection, by means OF an aqueduct
across .he Potomac OF the canal OF this COM
pany with the proposed canal to AleXandra
and that the president and directors, pursuant
thereto, construct the northern abutment
thereof on such part OF the line of the Chesa-
peake and OHIO canal as, IN the opinion ofthose
engineers, may be best calculated ior such con-
nection.' This happened before the Alexandria
Canal company was in existence, 1T not being
incorporated until May 26th, 1880. A plan for
an aoutment and connecting basin was SUBJ
seluently adopted by the Chesapeake and OHIO
canal company, and the work finally COM
pleted in conformity thereto. And while Il
right to the use of this work for the purpose of
uniting the branch cana. with the main stem
and OF continuous navigation from the one to
the Other may supsist in the Alexandria canal
company and Its lease, the ownership thereof
subject 10 such right would seem to remain in
the Chesapeake and Ohio canal company.
There Is no evidence of any transfer of the work
by the latter company; and the use of the same
by any one whoInsoever, in conformity to its
original purpose, cannot be deemed TO be incon-
slstent W tn title in, or to amount TO an adverse
possession as against, that company. In order,
then, ~ secure valid title thei eto, deed from
the Chesapeake and Ohio canal company is
Clearly necessary.
Moreover the bridge extends beyond the
northern limit of the work just adverted to,
crossing the Chesapeake and Ohio canal, ani
terminating at Bridge street; and there is no
evidence OF tie acquisition by the Bridge COM
pany OF right of way for the erection and
malntainance Of a bridge at that point, either
by grant from the Chesapeake and Ohio Canal
Co. or by condem nation 0f otherwise. 1t il true
permission appears to have been given the
former company by the president Of the latter
but this imports nothing more than a license for
tnat purpose. Ine right of government to
maintain bridge there. in the event of pur-
chase, should rest on something more subStaC-
t!al, namely, on grant from the Chesapeake
and Ohio Caral company of the right of way.
Inc papers SHOW that one OF the judgments
therecorIl mentioned, in my opinion ofthe oath
of Novembet last, as among the liens affecting
the aqueduct hls since been satisfied.
The papers also show that the two bonds, Nos
s and 80 there referred to. have been retired,
which obViateS tee objection then suggested of
want of authority from the holders of these
bonds to the trustee to release. With these
exceptions. the state of the tie remains as IL
was at the date OF that opinion.
Upon the whole l think that 10 serious o5-
staeies stand in the way of securing good and
sufficient title TO the aqueduct bridge, WI
al the appurteaahces, rights and franchises
connected Herewith, including piers and real
estate for abutnehts and approaches" should
the Chesapeake and Ohio Canal company, either
by un;ti.g il the proposed deed to the United
States or by a separate deed, grant such part of
the above described property rs belong to <, all
OF which IS indicated above.
BENJAMIN BREWSTER ---.
Attorney Genera.
Secretary of War.