Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-30
WHO OWNS THE WATER FRONT.
Counsel FOR Those In Possession Send q
Statement to Congress.

THEY CLAIM THAT THE REPORT OF The ATroR-
My FOR THE DISTRICT MADE ERRONEOUS
STATEMENTS AND ASK THAT CONGRESS AWAIT
The ADJUDICATION OF THE MATTERS NOW IN
COURT.
Messrs. Reginald Fendall Tallmadge A. Lam
bert and Calderon Carlisle, as counsel for the
defendants in the case of the United States agt.
Morris ct al, have addressed the following
statement concerning the river-front property
To the District Commissioners, which has been
transmitted by those officials to Congress:
''We have TO thank you for your compliance
with our request to be furnished with copy of
the report of the attorney for the District OF
Columbia on the resolution of the Senate Of
March 81. 1892. directing the Commissioners to
inquire into and report 10 the Senate "a soon
as NAV be- in detail. what portions of the Poto-
mac river front living between Water street and
the said river and extending from 18th street
northwest to the arsenal grounds are occupied
under the authority of the United States, by
whom leased upon what terms and under what
authority of law and also what portions thereof
II any, are otherwise held and occupied. and to
what extent and by whom and by what author
itv if any, and what rentals are being derived
from the exercise of wharfing rights and privi-
ieges thereon And further to report what leg
1slatlOn. II any, L. IN tne judgment OF tne SAID
Commissioners, necessary to enforce and main
tain the rights of the United States over the
same.
'Our interest in the matter of the resolution
grows out of the fact that represent coun-
sci a large number of the defendants in the suit
of the United States against Morris ct al. No.
1O3O5 equity. in the Supreme Court of the Dis
triet Of Columbia This suit brought by
the Attorney General of the United States under
the act of August 5, 1856, for the express pur-
pose. declared in said act, ''of establishing
and making clear the right of the United States
to the land or water affected by the improve
ments Of the Potomac river or its flats in charge
Of the Secretary Of War
SUIT STILL USDETERMINEp.
Neither the act Of Congress of 1886 nor the
suit brought Hereunder was mentioned OF re-
ferred TO in the report Of the attorney for the
District and on Yesterday a resolution was in
trOduced in the Senate authorizing and direct
ing the chief Of engineers of the army with the
aid Of the District police il necessary, to take
possession of all the water front described in
the resolution of inquiry. We felt it our duty
TO call immediate attention to the fact that the
whole matter was involved in q suit brought by
the United States under authority of a special
act of Congress, which was still pending and
undetermined, and in our brief communication
To Senator Mcmillan we promised to submit
this statement through the Commissioners.
The map of the land and water described in
the act of August s. 1886, which was prepared
by the chief of engineers of the United States
army il appended as an exhibit to the bill of
complaint filed for the United States by the
Attorney General In the above entitled cause.
and includes all the land and water described
By metes and bounds in the third paragraph of
said bill Within these limits lies the whole
portion of the water front described in the
resolution introduced in the Senate, and within
the last mentioned limits are situated the lands,
clients, which include the major part of that
whole portion Of the river front.
The suit of the United States against Morris
ct al. was filed on the 26th of November, 1886
The answers were promptly filed and the case
has deem diligently prosecuted from that time
20 the present The method of conducting the
case. fixed BY the court ITSELF has involved the
investigation of difficult and complicated titles
and numerous and diversified interests. and the
testimony actually taken in the case already
exceeds two thousand printed pages and is not
yet completed.
act of August. 1886, all persons known to set up
or assert any claim within the limits of the land
and water referred 10 therein were expressly
required to be made parties defendants. Under
these circumstances the undersigned are sur
prised to find that their clients are. with Others
described by the attorney for the District in his
Official report TO the Commissioners az 'usurp-
ers. and that the question of the title of the
United states within the limits of the land and
water aforesaid. which Congress Thought il
necessary to establish and make cIear by n sne-
cial judicial proceeding provided for the mr.
pose. is considered by the attorney for the bis
trict a. finally and COMPLETELY settled in a snit
TO which the United States WAS actually No
party.
PRIVATE LITIGATION.
THAT case, between private steamboat COM
panies, Is reported in the 100 U. s., page 672; il
was heard before eight instices and three ms
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sn,bor;ted aye,t- tor the 49,. III
or attemuted to do any act 10 assert the RIGHT
and title. which the attorney for the District
supposes to have been finally and conclusively
established, and at the end OF three years, when
.ne .oninisslollers ol .ne pislricl Oh CoiumDla
Congress - tbe Initad states 9as,e ,hs ~, nc
August 5. 1856. in effect admitting the necessity
of establishing and making clear the title of the
United States in an independent proceeding be-
fore a judicial tribunal By the snit thus pro-
viCed 10 be instituted there was presented a fuIl
and fair opportunity for the assertion of nri
vate right which had been taeitly admitted for
nearly one hundred wears by the government.
I'm this connection il is proper 10 recall that
the limited States acquired every foot of eonnS
which they owned in the District OF Columbia
OF the time Of the establishment of the federal
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