Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-08
THE POTOMAC FLATS. CASES
Still Another Claim Reached by the
Court
arguments Today on New Phase of
the c. and @. Canal Mr..
Barrett's Points.

In the Potomac flats case Mr.. Hugh L.
Bond, jr., of Baltimore, Md, early this
morning concluded the opening argument
On behalf of the trustees of the bond
holders of the Chesapeake and Ohio Canal
Company, who claim riparian rights along
the river front, from 26th street to about
18th. Mr.. o. D. Barrett, representing
Henry H. Dodge, who claims, as the lessee
of the Ches apeake and Ohio Canal Com
pany, to hold all that strip of land 'front.'
ing on the Potomac river and belonging
to the canal company situated in and ad-
jacent to the city of Washington, followed
Mr.. Bond. Mr. Bonds was able legal
argument, and he insisted that the canal
company, possessing. as he claimed, an
undoubted absolute legal title in fee to the
land used by it in the construction of the
canal. is unQuestionably entitled to the
riparian rights accruing to such lands
which means possession of the land be-
tween the line of the old canal out to nav
igable waters
Dir. Dodge's Claim.
In opening his argument, Mr. Barrett ex-
planned that the land claimed by Mr.. Dodge
is bounded on the north by the south line
of the old canal. on the east by the western
terminus and basin of the old city canal
and on the west by the east line of the
property Of the late William Easily, to-
gether with all the rights, title and estate
of the canal company therein, and all the
rights and privileges of the company in and
arising out of said tract of land. The
claims of the Marshall heirs and of those
claiming under the so-called Kidwell pat
ent, admitted Mr.. Barrett, conf1icted with
those of his client, but the claims of the
former, he thought, had been effectually
disposed of by the able argument of Assist
ant District Attorney Taggart. As to the
claims of those claiming under the kidwell
patent, Mr.. Barrett said that it was clearly
apparent to every one, as contended by Mr..
"a haf "a and hrQ ned q
patent had never been definitely located,
and could not be now. Hence, said Mr..
Barrett, the patent was null and void. He
referred to Surveyor Carpenter, who swore
that he had located the Kidweil meadows.
as. "a country surveyor" and one incompe-
tent to make the survey he claimed to have
n ade Another reason, said Mr.. Barrett,
why the kidwell patent should be declared
void was because the survey had not been
allowed to remain in the land office for six
months, subject to objections, before the
patent was issued.
Mr. DOdEe's Lease.
Mr.. Dodge, explained Mr.. Barrett, be
came the lessee of the land of the Chesa-
peake and Ohio Canal Company September
), 1866 for the term of five years. with the
privilege of renewing the same for fifty
years, at an annual rental of $500. July l..
1871, Dodge applied in writing for new
formal lease for fifty years. in pursuance
with the terms of the lease of September
., 1866.
The Cay the application for the new
lease was made, said Mr.. Barrett, the di-
rectors of the canal company directed the
president of the company to execute the
desired new lease. But the lease was not
granted, and Mr.. Dodge, said Mr.. Barrett,
again applied for the fifty-year lease De-
cembcr 9, 1874, when the directors again
directed the president of the company to
execute the lease The lease was never
given, however, said Mr.. Barrett, and sub
sequently Mr.. Dodge rendered the company
! $500 in payment of rent for sixteen years.
Because of all that Mr.. Barrett contend
| ed that the court must consider Mr.. Dodge
| the lessee of the company. under the rule
| that court of equity always regards that
| as done which ought to have been done
1tereupon Mr. Barrett insisted that as to
| any and all riparian rights of the cana
| company Mr.. Dodge stood in the place Of
| the company and is fully entitled to them
He concluded his argument shortly after
| 2 O'Clock, when Mr.. Taggart addressed the
| &C urt in opposition to the claims of the
| canal company and those of Mr.. Dodge.