Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-04-13

PASSAGE OF BILL WHICH WILL UNNECEs-
sARILY DELAY THIS IMPORTANT IMPROVE

PASSAGE OF A BILL WHICH WILL UNNECEs-
sARILY DELAY THIS IMPORTANT IMPROVE
MENT.
The House yesterday passed the bill to secure
the interest of the government in the Potomac
flats, with an amendment striking out that
part of the 4th section reading as follows:
"And may decree that the just value thereof
SO ascertained by the court be paid to the per-
son or corporation entitled thereto; whereupon
all the right title and interest of such person or
corporation shall vest in the United States, and
the sum so ascertained to be the value of such
private right title. or interest shall be paid out
of the Treasury" aud inserting in its stead
"and report thereof shall be made to Con-
gress." Also, an amendment to the 5th section
tinguish claims except by action Of Congress
hereafter. The 9Th section was read rs follows:
Sec g. That until the final decision Of the matter
eG mo IN ns act M shall have been
the Potomac river, the establishment of harbor lines
therein shall be expended otherwise upon prop
eIy In respect Of which there is no claim adverse to
OF in the said river upon portions of the
title: Provided that not6ng Contained in this act shall
ne SO as to affect existing lawful contracts
The latter provision. in relation to contracts
being an additional clause adopted by the
House, was stricken out, and in lieu thereof the
prOviso "that until the final decision of the
matter hereinbefOrc in this act mentioned
shall have been had no money appropriated for
the Potomac river within the District of Column
District of Columbia and the raising OF the flats
therein Shall be expended"
MR.. BARBoUR's VIGOROUS PROTEST..
In connection with this amendment Mr.. Bar
bOur said: Mr.. Speaker, do 1 understand that
| the amendment applies to money already ap-
prOpriated?
Mr.. Holman.-That would be the effect.
Mr.. Barb0ur.-l hope 1t will not be the pleas
| ure OF the House to adopt the proposition sug-
keagan.) The effect of it viii be to stop this
work, although the money has been already
appropriated ana contracts have been made to
certain extent tor the improvement of these
hats There is no new appropriation in this
bill The contractors are only going on with
regular way, believe under the authority of
| the Secretary OF War. Ii this amendment be
now under contract, to disturb the rights and
| interests that have accrued under those con-
tracts, and to postpone the completion of a
| work which has been deemed of great import
ance to the city Washington and to the
country at large. Where an appropriation has
already been made, and where the work can go
on upon portions OF the river front as to which
there is no dispute about title 1t strikes me, Mr..
Speaker, that to arrest the work under such
circumstances would be very unWise, and that
the interposition of this House ought not to be
invoked to that end.
(Mr. Barbour) says there is an appropriation
already made, and that this provision will stop
the continuance OF the work under the existing
appropriation, and he does not think that
ought to be done. Sir that is just exactly what
| 1t seems to me ought to be done.
Inc amendment was adopted by q vote of 81
to 81.
THE FULL TEXT OF THE BILL AS PASSED
is as follows:
Be it enacted &c. That it shall be the duty of the
Attorney General of the United States institute
soon as may be- in the Supreme Court of the District
OF Columbia suit against all persons and corpora
, uons VINO may have or pretend to have any right,
n e he I in in any part land Or water
OF Washington, exterior to said limits and in front
composing any part Of the land water affected by
the improvements of the Potomac river or its flats in
establishing and making clear the right of the United
2 That the suit mentioned in the preceding sec
ton shall be in the nature OF bill in equity and there
known to set up or assert any claim
OF right to or in the land water in said first section
mentioned. and against all other persons and corpora
tlons who may claim to have any such right title
and be served according to the ordinary
court upon all persons and corporations within the
given. by advertisement two newspapers published
IN the city OF Washington, for three weeks success
and corporations interested in subj
OF said suit or il, the land water in this act
uoneo 10 appear at day named In such notice. said
court to answer the said bill and forth and
or corporation may have in the premises; and the
court may order such further notice shall think
Sec B. That the said cause shall then proceed with
all practicable expedition to final determination by
the said courts shall have full power and jurisdiction
3y IT'S to determine every question of night
vacate, annu set aside, confirm any claim of any
DEGREES shall be final and conclusive upon ali persons
and corporations parties TO the suit or who shall FAIL
20 appear in said court and tigate his her. its
claim, and they shall be deemed forever barred from
setlhg up or maintaining any right title, interest,"
Sec. A. That IT. ON the final hearing of said cause.
of (Ol In
shall be of opinion that there exists any right te or
and paramount right of the United states the said
court shall forthwith and in a summary way proceed
TO ascertain the value of such right title interest
or claim exclusive Of the value of any Improvement
TO the property covered by such right ttle interest
made by under the authority Of the United States
and report thereof shall be made to Congress.
Sec: g. That from the final decree of the Supreme
Court of the District of Columbia and every part
the Unite states aud to any other party in the cause
complaining Of such decree, to the SUI Court of
have iull power ana jurisdiction hear try and de-
ternipe the said matter and every part thereof and
cause shall, motion of the Attorney General of the
United States be advanced to the earliest practicable
Sec. s That until the final decision of the matter
within the District Of Columbia, the establishment Of
harbor lines in the District of Columbia the rails
ing of the flats therein, shall be expended"
THE GOVERNMENT WOULD RUN NO RISK IN
MAKING AN APPROPRIATION TO CONTINUE
THE WORK.
The Department of Justice yesterday for
warded to the House rivers and harbors COM
mittee the information desired concerning its
action with reference to the Kidwell Hats,
showing, as heretofore stated in The STAR
that Attorney General Brewster, in 1885, in.
structed the district attorney in this city to
bring suit. The suit has, however not been
brought, owing to the fact that q bill to ex-
tinguish the title is pending. The letter refers
to the claims that have arisen for the improved
| land but the Kidwell claim is the only one
that has come before the department.. It is
stated in the letter that the government would
incur no risk in continuing the Improvement,
especially If the work should be limited to that
part upon which there is no claim, and Mr..
Morris plan to transfer the title to the United
states until the matter can be settled by the
Court Of Claims is recommended. A letter is
inclosed from John Mullen, counsel for Benson
and Mckee, the contractors. The latter say
they have expended $1,000 in plant, believ-
Ing that the government in good faith would
continue the improvement SO well begun.
PLUMBERS HARMONIZE
A Threatened Split Averted and a Joint
limo nj a FfA,s