The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-08
HARBoR OF WASHINGTON.
The Paramount Claim of the Govern
ment Affirmed.

Washington. oct. THE paramount
claim of the United States to the harbor
Of the city of Washington, in the Potomac
river and Eastern branch. was main
tained by the supreme court of the Dis
trict of Columbia to-day, over those Of
all other claimants Of whatever nature.
The decision Of the court, sitting in pane,
was delivered by Mr.. Justice Hagner, and
occupied the entire session Of the dag,
more than three hours being required TO
read the document. The litigation of
which to-day's opinion works an important
step toward final adjudication, had its ORR
gin in the efforts OF the government 20 re-
Naim the Potomac fats and establish har-
Dor lines in the river. This LED, after q
time, TO the setting no Of claims ny NaIl-
Gus interested parties 10 ownership IN the
reclaimed flats. now extending over ana
area of 40 acres ana 81 riparian rights
attached to the lots fronting on the water
Finally in August. 1855. congress passed
an act directing the Attorney General TO
enter suit in The district. supreme court
against the several claimants. 10 deter
mine the merit OF their claims. ! ms Mds
done shortly after the passage Of the act,
suits being entered against nlJy-lour
claimants. Until last winter nothing was
done in the matter, the time being spent
by the attorneys in perfecung their cases:
They were then consolidated ana the Irldl
Of the several claims had. They We're d.
Vided into seven classes ana each class
put forward its testimony, which the gov
eminent antagonized. These claims ranged
from that made by the heirs OF James
Marshall. brother Of the late chief
Justice John Marshall, to the whole
bed Of the Potomac river under
land, to Lord Culpeper TO the northern
neck of Virginia, and under deed from
the heirs Of Henry Hartford. the last pro-
Of Maryland. TO those of persons
holding possession of the river front
by license. from the chief Of en-
TTrnFt cd
OF the claims was for about 80 acres OF
the reclaimed land, contiguous to plot
known as "kicwell Meadows, for which
q patent was issued TO john kldWeu "
1863. This claim the evidence declared
was a speculative one. A quarter inter
est had been sold for 100000 and at the
time the suit was begun, a syndicate mad
been formed TO buy it for million dollars
All of the claims were overthrown by
the decision Of Judge Hagner. L ne opln-
ion was exhaustive, reviewing the hlsto-
nv Of the Potomac river from the date
Of the original charters to lands in Nlr-
ginia and Maryland. It's conclusion IN
brief, was that the right, title and inter
est in the lands and water of the river
within the district vested in congress
for the benefit of the public, and no pri-
vate right or ownership antagonlstlc
thereto could be established.
1t was declared that the owners of the
certain lots which extended under the
surface of the river and which had been
reclaimed by the government We're enutled
TO remuneration Of the value Of the lots
before reclamation. The decision also
in express terms declared the patent is
sued to Or. I<idwell in 1869 for a tract ~
ing in the river, about forty-seven acres
IN extent, of no effect, and null and VOID.
BY the terms of the act authorizing the
bringing of the suits, an appeal from the
judgment of the district supreme court
direct to the supreme court of the United
States is permitted to any of the parties.
and il Is probable that the case will find
its way to the highest judicial tribunal
in the land. although no steps were taken
in that direction to-day.