The Washington critic., 1886-03-22

was to be considered as common
highway Tor purposes of navigation
and commerce and securing TO the
citizens of both States riparian rights
of the owners of the land on It's banks
The cession by the State of Maryland
included all of the ten miles square ly-
ing within its limits The ccssion by the
State of Virginia was to the same ef-
feet.
The Federal city as directed to be
laid out by the President within the
ten miles square was by specified lines,
the last being "then with the waters OF
the Eastern Branch, Potowmack River
and Rock Creek to the beginning"
The river being designated as the
boundary line of the city, Mr. Kidwell
in obtaining his patent necessarily
claimed that IL did not cross Swash
Channel and include his island.
Congress, by the act of February 81,
1901, divided the ten miles square into
two counties. That portion of the Dis.
tiict which lies on the east side of the
river Potomac, together with the
islands therein, was to be called the
County of Washington; and on that
part on the west side OF the river was
TO be called the County of Alexandria,
and the river in its whole course
through the District of Columbia was
to be taken and deemed to all intents
and purposes to be within both of said
counties. Under this provision Of law
the patentec claimed that his island
was within the limits of the County of
Washington.
Further investigation and inquiry
will probably develop the fact to be
that when this city was directed to be
laid out and when, in 1901, Congress
defined the limits of the County of
Washington, this "island" had no ex-
istencc, but in course Of time from nat
ural causes, the same that destroyed
Swash Channel poked its small nose
above the surrounding river at high
tide and gradually swelled its natural
proportions as the tide ebbed, its
growth increasing as the years pro
gressed until 1t attained the proper
tions of an isle of the sea, and contin-
uing the law of its being, vibrated be-
tween the city and County of Wash
ington, until finally it swallowed up
Swash Channel, was relegated to
its original condition of tide
washed marsh, and was thus
permanently domiciled as part and
parcel of the City of Washington, fur
nishing the inhabitants thereof for
many long years with first class article
Of malaria. Thus we have this piece Of
land born and attaining its growth in
the county of Washington, outside of
the limits of the city, patented to DIR.
Kidwell by the United States, because
1t was in the county and not in the city,
becoming, without any designated
change in the boundary lines of the
city, but by itself destroying channel
of the river and resuming its original
condition, an integral part Of the city
within its limits as originally defined.
The claimants, under the patent, now
of course, say this was not their fault,
and if it was not in the city when the
patent was granted the patent was
valid and is not to be invalidated by the
fact that their island subsequently, OF
its own motion, put itself inside of the
city, how all this may be eventually
decided is yet to be determined, but the
question is one of peculiar interest and
will be exhaustively sifted, no doubt
by the sea lawyers who may have
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