Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-07-11
The First Case on the Court of Ap-
peals Calendar.
THE QUESTION OF JURISDICTION
The Various Defendants and the
Extent of Their Claims.
YEA AIRS OF PREP AR RATION

Court Of Appeals, which court resumes it's
sessions tomorrow. is that of the United
States against Martin F. Morris and others.
The first-named defendant is Mr.. Justice
Norris. an associate justice of the tribunal
before which the case is pending, and the
case Is more Familiarity known as 1.-The
Kidwelrs Bottoms suit" 1t has been pend
ing, first in the Supreme Court Of the Dis
trict and, since the organization of the
Court of Appeals, in that court for nearly
eight years.
Technically speaking. the case is an
equity proceeding. instituted by the At
torney General on behalf of the United
States to establish the title and right of
the United States to the land and waters
included in the improvement OF the Poto-
mac river and it's flats opposite and ada
cent to this city. extending from about
Easbv's Point to the junction of the chan
nels Of the Potomac and the Eastern
branch, involving nearly $40 acres. Prior
claimants 20 the lands and waters. and in
that year Congress passed an act directing
that the above-named suit be filed.
Marshall and Kidwell Claims.
Originally the suit was against Judge
Morris, who represented the Kidwell heirs.
and some forty mine other parties, but that
list of defendants has since been increased
by the appearance Of numerous other
claimants. There have been filed some
fifty answers to the governments bill. In
which the various claims of the alleged
rights Of the several defendants are set
forth. First in Importance, by reason of
the extent of the claims made, are the an
swers of the heirs Of the late chief justice
of the United States, John Marshall, and
the heirs of his brother James. OF them
it can truly be said that they claim every
thing. both In and out Of sight. They claim
the entire river. from shore to shore. under
4 grant made by the British crown to their
ancestors of what is known as the North
ern Neck Of Virginia, and also under a
deed to them from the heirs Of the last
proprietary Of the province of Maryland
Even the bed of the river Is claimed by
them, as well as all accretions which may
by natural or artificial means, arise
thereon.
The next claim in Importance because of
it's extent Is that of the heirs of the late
John l.. kidweH. Their claim is based on
a patent granted by the United States to
Mr.. Kidwell in 1869. Some forty-seven
acres of land in the river. it is claimed.
were conveyed in the grant for the rather
Insignificant sum of 80 cents an acre. The
land granted is supposed to be located
somewhere in the river extending from
about Easbys Point down to a point about
south of 2lSt street west.
The Canal COmpany's Claim.
The third claim in importar &c. perhaps,
Company, who claim under powers grant
ed to the old Potomac Company. of which
George Washington was president, for the
imprc vement of the Potomac river by the
building of canals. waterways, etc. The
conn aEys line ran from Rock creek to
Tiber creek at the foot of 18th street west.
Other claimants are the lot owners in the
various squares fronting the river from
Easby's Point to 18th street west, and the
o"rers or wharves on the river from the
Long bridge to the arsenal grounds. OF
course II was not until the vast improve
ments en- the rivers front, made by the
government, had reclaimed the partially
and often wholly, submerged tracts that
the claims, or the vast majority of Them
were seriously made. To so examine into
the claims of the numerous parties as to
enable the government to successfully
maintain its rights has required years of
unceasing and tedious toll The burden of
this work has fallen on Assistant District
Alter ey Hugh T. Taegart, and the testi-
mony taken in the case numbers thousands
of prir ted pages.
Question of Jurisdiction.
The case has been ready to be heard for
a year more, 1t is understood but now
there is, unfortunatey,a doubt as to wheth-
er the Supreme Court of the District or the
Court of Appeals has jurisdiction in the
matter. The act authorizing the institu-
ton of the suit conferred special jurisdic-
facilitate the disposition of the case 1t was
certified by the equity branch of the court
to the Court in General Term, to be heard
in the first instance. In the latter. the ap-
pellate branch of the District Supreme
Court, the suit was pending when the Dis
trict Court of Appeals was established. By
the act creating the latter tribunal it was
provided that all undisposed of cases on the
calendar of the Court in General Term
should be heard and disposed of by the
Court of Appeals. But as the act of 1856
gave the District Supreme Court special
jurisdiction to hear the case, and as the act
establishing the Court of Appeals did not
specifically say that the former court
should nc longer retain jurisdiction of the
case, the question as to which tribunal has
jurisdiction has arisen.
Action of Congress-.
1t is because Of this doubt, 1t is said, that
the Court of Appeals has not yet heard the
case the parties to the suit agreeing that
it would be better to first have the question
definitely settled by act of Congress.
The attention of Congress has been called
to the matter. and two bills have been in
troduced. one authorizes the District Su-
preme Court to hear 1t, and the other d-
reefs that the Court of Appeals shall hear
to the United States Supreme Court. Until
Congress finally acts in the matter, it is
understood that the case will not be heard
by the Court of Appeals.
Purifying Sewage.
From the London Chronicle.