Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-04-24

K SWIFT CHANGE OF
| OF THE SCHEME BY A SUBSEQUENT CoMMIs-
| OBSERVATION-DISCLOSURES RUMMoND SAYS THE
| CLAIM WAS ILLEGAL AND IMPROPER To BE
1 GRANTED.
| The question of right and title to the "Kid-
well Flats which now stands as such n bar TO
| the continuance OF the work of improving the
| river front, was very thoroughly discussed in
| the Senate in July, 1882, when the subject OF
making the first appropriation for the work
was before Congress. Senator Ransom received
a letter from Commissioner Mcfarland at that
time showing from the records of the Land
office what a shadowy foundation the kidweIl
claim had The official information contained
in this letter was, it is said, instrumental in
securing the first appropriation of $500, 900 for
| the Improvement. In the letter referred to
Commissioner Mcfarland says that the Kid
well patent patent SCALED containing All
vatory, and extending from opposite goth to
18TH street west, appears, from the records of
the Land Office to have been issued under the
provisions OF the joint resolution of February
18th, 1889, and under the regulations of the
Secretary of the Treasury for carrying this
resolution into effect. The joint resolution re-
lated TO certain acts of the legislature of Mary
land respecting titles to vacant lands which
were in force in the District continuing in force
the laws of Maryland within that portion OF the
District coded by that state to the United
states.
'The Treasury regulations the commissioner
said, defined the proceedings necessary in OBJ
tanning titles To lands under the joint resolu-
ton. Assuming that these laws and regulations
authorized and provided the means of securing
individual titles to islands, flats and marshes
In the Potomac river within or adjacent to the
city OF Washington, several applications for
orders of survey were made from time to time,
which were granted, but under which no
that the land to be surveyed must be firm
land, not subject 20 tidal overflow. In some
instances surveys were returned, but were
REJECTED BY THE COMMISSIONERS OF THE GEN
ERAL LAND OFFICE
on the ground that the land was submerged by
tidal flow, and was therefore not subject to
survey and disposal under the Maryland acts
and joint resolution of Congress. The applica-
e fiTn Of Nj Kdwel for patent for the So
upper side of the Long bridge, was rejected Tor
this reason. On September 10, 1867, Kidwell
applied for a warrant of survey Tor the tract
known "Kidwelrs meadows which was
described In the application as an island in the
Potomac river, between Washington city chan
mel and the Swash channel. commencing
nearly opposite 18th street west and extending
TO point where d street north strikes the
The order of survey was issued September
IL, 1867, and its execution was made subject
to the usual provision that the land to be sur
veyed should be 'frm land and not subject TO
tidal overflow" The survey was returned by
the county surveyor October 10, 1867. An
examination of this survey was deemed nee
essary, and Mr.. 5. j. Dallas, principal clerk OF
surveys in the general land office, was desig-
mated as examiner general for this purpose.
February rs, 1865, reported to Commissioner
Wilson, of the general land Office, that he
found the premises to be under ice in the Poto-
NO APPEARANCE OF LAND,
but submerged and subject to tidal overflow,
and 'of course not fit for vacant cultivation"
as required by the third section of the act of
17S1."
He also found that the survey had been ere
turned in
TOTAL DISREGARD OF THE LAW
and OF the instructions embodied in the war
rant of survey" The survey was accordingly
rejected.
On October II and "a, 1869, a re-examina-
tlon was made at the request of Mr.. John Will
SON,
BROTHER OF THE LAND COMMISSIONER,
attorney for Kidwell, aud upon this examina-
ton the examiner general rescinded his former
opinion, and approved the plot of survey.
REMARKABLE CHANGE IN OPINION.
In this REORGANIZATION, made under more
favorable conditions than the examination in
the original Instance, he found the "KIdwell
meadows" to be from three and a half to four
feet above low-water, and from "a foot to a foot
and half above ordinary high water, as near
as he could judge, owing to the density and Wig
orous growth OF wild rice and other weeds
which impede q clear view OF all parts of the
meadows. He did not think the land fit to pro-
duce successful crops of corn, but thought it
susceptible of producing fodder and affording
pasture Tor cattle. Upon the REORGANIZATION
and the approval of the plat of survey by the
K1dwell December 6, 1869 The amount paid
for this tract was $23.S6. fifty cents per acre
COMMISSIONER DRUMMoND DENoUNCEs THE
LAND GRABBERS.
In reference to this patent and to similar an
plications, Commissioner Drummond in letter
10 Mr.. A. r. Shepherd, dated January %,
1873, said: "All applications made since I as
sumed charge of the land office, in February
1871, have been refused for the following
reasons:
1. Because the land was subject to every days
overflow by tide water, and therefore not in a
condition to be surveyed.
2. Because thought the disposition of the
land was not clearly authorized by law.
g. Because did not deem it proper TO dispose
OF tdItds situated u9 the immediate Uiciaify of
washington, at n nominal sum, 10 prirate Du,fes
o6sff'uct hdroor improvements unless the law
clearly and imperatively made it my duty TO
The foregoing statement comprises the facts
OF record in this office relative the patent is
sued To John l.. kidwell tor the .kidwen
meadows, so called.
the subject does not permit me to express an
opinion upon the legal points involved in the
case- n. e. MCFARLAND,
Commissioner.
COMMISSIONERS M'FARLAND'S VIEWS
senator Ransom subsequently received a
communication from Commissioner McFar.
land, which was printed in the Conoressioaal
Record and in which he says:
THE patent to Eidwell can be Sustained only
on the following propositions:
lst Ihat the land was firm, cultiyable land
in 1869. N
I'd. That 1t was above high water mark at
tnat GATE, and not subject TO tidal overflow
, 90. mat 1t was not appropriated to any pub
lie use. ' P""-
4th That it was separated from the MAIN
iahd by navigable channel, and was an
isiano In Tact, and not an accretion to the MAIN
land. ~ " ~
9th. That II was without the municipal iuris-
olctlon OF the city OF Washington.
oln mat the acts of Maryland and the Joint
resolution OF 1889 contem plated the DISPOSAL
10 private persons of the islands flats bars and
marshes In the harbOr of Washington
Unless each and all of the foregoing condi-
tlons are met the patent to Kidwen was issued
without proper authority"
The Proposed Extension of the Streets
beyond the City Lines.
10 the Editor of The EVENING STAR:
The bill introduced by Gen. Malone in the
Senate, to extend the streets and avenues
OF the city, Is OF the most vital import
ance to the city of Washington. 1t is an i'm
perative necessity that the needless LAYING ont
OF narrow and irregular streets regardless of
the city's plan, should be stopped and the evil
aiaeady done be remedied at once. All of this
great damage TO the city has arisen wholly
from the neglect OF Congress and the muncipal
authorities 10 compel new streets to conform TO
the citys plan. simple law TO this ERECT
"a