Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-02-23
THE TITLE To THE FLATS.
A Report on the kidweu and other
Claims Submitted to the Senate. To.
gether with Bill to Settle the Ques.
lions at Issue.

Claims Submitted to the Senate. To-
gether with Bill to Settle the Que>.
lions at Issue.
In the Senate to-day Mr.. Ingalls,, from the
Judiciary committee, submitted back the reso-
luton of Mr.. Aldrich inquiring in regard 10
the claims of Kidwell and others to the Potomac
mats. The report was accompanied by bill
which MIR. Ingalls, gave notice he would
call up tomorrow. The report sets forth
that In the committees opinion an inquiry into
the subject Is extremely desirable. The situa-
ton OF the question, as reported by the COM
mlttee, Is condensed as follows: BY an act of
Congress OF July 49, 1870, ust Congress, I'd
SESSION. the United States accepted the terri
tory now comprising the District OF Columbia
with that on the south side of the Potomac ccded
by Virginia, as the seat ofthe government under
the Constitution, and provided $50 far as il
respects the present District OF Columhia.)
that the laws of Maryland should continue
In force until Congress should otherwise
provide. The act OF definitive cession 10y the
Maryland legislature is quoted. giving the
boundaries, and the laying out Of the city by the
commissioners is cited. The report says:
THE committee is of opinion that the
aforementioned boundaries OF this city did,
under the circumstances, extend down the CEN
ter of Eastern branch to the main channel 81
the Potomac and up the main channel of the
Potomac to the mouth of Rock creek, and up
the center of Rock creek to the standing point
of the survey of the city, so that the Potomac
hats, so called, as they are understood by the
committee to exist, could fall within the limits
of the city of Washington"
In the year 1889 Congress passed a law pro-
Vldlng that the acts OF the state of Maryland for
securing titles to vacant land should be consid-
cred In force and executed as regards lands in
the county of Washington and without the
limits of the city of Washington by the Secre-
tary of the Treasury. through the General Land
Office, and provided for regulations, Sc, by the
Secretary of the Treasury: and provided FUR
ther, that any land which may have been
coded to or acquired by the United States for
public purposes should not be affected 10y such
acts
The laws of Maryland supposed 10 have been
put In force by the aforementioned and previous
acts OF Congress were those of November
1871, chapter 30, the 10th section of which pro-
vided "that either of the treaSurers may grant
orders or fittings TO the register OF the land
Office Of their respective shares for common
warrants to take up vacant uncultivated land,
improved vacant land, on the payment
of three shillings and six pence cu--
rent meney per acre" The history
to a part of these Potomac fats appears. in
the papers herewith marked A. This exhibit
includes copies of all the papers relating To the
claim transmitted by the Secretary Of the
Interior) The report continues. lit will he
seen that the act of Congress excluded land in
operation any land which had been coded to or
acquired by the United States for public pur-
poses. 1t appears from the foregoing that
three questions will arise.
First. Whethef the Potomac fats are within
the city of Washington. Ii they are. there, Will
be an end to the kidwell patent. If they are
not
Second. Whether the river front was not ceded
to and acquired by the United States for public
purposes. If this question be answered in the
affirmative, the kidwel patent is invalid; and
il not
Third. Whether the Eidwell patent applied 10
property within the true intent and meaning OF
the land acts of Maryland and of the reguIa-
tons of the Secretary of the Treasury on the
subject: This will depend upon whether the
kidwell patent was located upon what may in
general terms be styled agricultural land. This,
of course, is question of fact. All the inform
alton the committee now has tends
in the Kidwell patent was not the
kind of land covered by the Maryland act. Ii
thiss turn out TO be SO, the patent viii be in
the kidwell patent, the Chesapeake and Ohio
Canal company has informed the committee
that 1t claims riparian and perhaps other rights
within the territory referred II. How far such
claim is well founded the committee has not
had time to consider. 1t appears, from report
of the Secretary of War. that up to February
LIST, 1885, the sum OF S44o669. 20 had been
expended on the Improvement OF the flats, and
there still remains appropriated for these pur-
the only steps SO far taken under the provisions
of the act requiring the Attorney General to
examine examine a all t claims e to the
the government in all respects are secured
and protected, and if necessary to bring suits
against claimants to set aside any Illegal or i'm
proper patents have been that on the 20th of
january 1885, the Attorney General directed
the district attorney for the District 10 bring "A
4.
which direction no steps have SO far been taken
In this state of things the committee RECON-
mends the passage Of the bill herewith re-
ported.
The bill reported provides as follows:
1t is made the duty of the Attorney General
to institute, soon as may be, in the District
Supreme Court, q suit against all persons and
corporations who may have or pretend To have
any right, title, claim or interest in any part of
the land or water in the District OF Columbia
within the limits OF the city OF Washington or
exterior to such limits, and in front thereof
towards the channel of the Potomac and COM
posing any part of the land or water affected
by the Potomac flats Improvements Tor the
purpose Of making clear the right vi the nit.d
States thereto. This suit shall be in the nature
OF q bill in equity, and all parties or corpora
tions known TO set up or assert any sort of
claim or right to the land or water shall be made
parties defendant. On the filing OF such bill
process shall issue and be served according to
the ordinary course of the court upon all per
sons and corporations asserting any sort of
claim within the jurisdiction of the court and
public notice, by advertisement i'll two papers
of Washington, shall be given for three weeks
successfully of the pending of the suit and
citing all persons interested to appear and set
forth their claims. The cause shall proceed
with all practicable expedition, and the court
shall have power and jurisdiction by its DEGREES
determine every question of right, title, inter-
est or claim arising in the premises, and To
vacate, annul, set aside or confirm any claim of
any character, and its decree shall be final and
conclusive; and all persons and corporations
who shall fail to appear and set forth
their claim, after such notice shall be
forever barred from asserting such claim,
If upon the final hearing the supreme Court
shall be OF opinion that there exists any right,
title or interest in the land water in any per-
son OK corporation adverse TO the complete and
paramount rights OF the United States, the
court shall forthwith proceed 10 ascertain the
value of any such right, title, interest claim
exclusive Of the value of any improvements TO
the property and may decree the just value to
the person or corporation entitled thereto;
whereupon all such right, title, ETC.. OF such per-
son or corporation shall vest in the United
States, and the value of such persons right
shall be then paid out of the treasury. Che
right of appeal to the United States Supreme
Court is allowed and in case of such appeal the
Attorney General is to move that the cause be
advanced on the docket! Until the final
propriated for the improvement shall be eN-
pended except for the improvement OF nayiga-
ton.
The exhibits included the papers of the Kid
well claim, letter of the &. and o. canal COM
pany claiming riparian rights from Easbys
Point to 18th street, the report OF moneys ex-
pended on the flats Improvement, and an order
OF the Attorney General to Col. Worthington,
dated January 2Sth last. directing @ suit I'm re-
lation to the subject-matter to be instituted.
-->0>-
The Pension ONCE Investigation.
TESTIMONY OF CHIEF OF EXAMINERS RATIIBoxE
Mr.. e. G. Rathbone, chief of the division of
before the committee investigating the work.
ings of the Pension bureau at fits meeting to
day. He said the work during the past year
had increased in his division more than SO per
cent over the previous year. Commissioner
Clark testified recently that during last Sep
TENDER he did not know the Whereabouts of the
chief OF the special examiners.
the commissioner of pensions September 9Th,
18th and 10th. and October LIST in which be