The Washington times., 1895-05-15
Alexander Island in the Districts
Jurisdiction.
PROOF OF THE FACT EXTANT
Only Problem to Be Settled Is To Show
That the Run, Beyond the Island
Has Been q Continuous Stream
from the Potomac-Mr Rirney's
View of the Matter.

sstant, Mr.. Hugh 7. Taggart, have for
months been Of the opinion that Alexander
Island is in the jurisdiction OF the Dis
trict courts. An official statement of this
fact is brought out by the following letter:
Washington, d. c., May IL, 1885.
''B. H. Warner, Esq, President of the
Board of Trade.
MY Dear Sir-From the newspapers
learn that the Board of Trade OF this city
is going to consider the question of law
lessness existing at Alexander Island. In
January last brought tothe attention of the
District Attorney the fact that the terri
tory in question was part of the Dis
trict, and the exercise of sovereignty by
Virginia was without right.
After careful consideration my views
were coneurred in by Mr.. Birney and Mr.
Taggart, and subsequently by the De-
partment of Justice.
I'm boundary disputes the Supreme Court
of the United States has exclusive original
jurisdiction, and this question can be
easily and expeditiously determined by
that tribunal if the proper authorities
would move.
A SlMP LIZ In lR1-
1.-The inquiry in this case would be a
simple one, viz: Is the territory III question
an island in the Potomac River? If it is
it is under the law of the District. A per-
sonal examination, as well as the testimony
of many residents of the county. confirms
the fact that 1t is surrounded by water
and the tide ebbs and flows around it,
Il have in my possession coast survey
maps, correspondence, etc, which l Will
be very glad TO place at your disposal If
you desire them also inClose a synopsis
of the acts OF Congress bearing upon the
question. Very respectfully,
JOHN CRITCHER, JR-,
mo. 402 Sixth street northwest"
The Synopsis of laws enclosed is as fol-
lows:
The Constitution of the United States
conferred upon Congress in Article l,
Section = powers as follows:
10 eXefc!se exclusive legislation in all
cases whatsoeyer over such district mot
exceeding ten miles square) as may, by
cession of particular States aud the ac-
ceptanee of Congress, become the seat OF
government of the United States.''
Volume 2, page 103, United States Stat
Gtes-at-Large, second paragraph, organic
act creating the District of Columbia, is as
follows:
The said District of Columbia shall be
formed into two countless; one county shall
contain all that part of said District which
lies on the east side OF the River Potomac
together with the islands therein, and shall
be called the county of Washington The
other county shall contain all that part of
said District which lies on the west side
of said river, aud shall be called the county
of Alexandria,
RETROCEDED THE COUNTY.
On July 9, 1886, chapter 50. page s5,
volume 8, of the United States Statutes
at-Large, an act of Congress was passed
retroceding the County of Alexandria, as
follows: "An that portion of the District
of Columbia ceded to the United States by
the State of Virginia, it being the County
of Alexandria"
Territorial area of the District of CO.
lumbia. Revised Statutes of the United
States, relating to the District of Column
bia, section L, is as follows:
BE it enacted by the Senate and House
OF Represe ntativeS of the United States
in Congress assembled, That the District
of Columbia is that portion of the territory
of the United States ceded by the State of
Maryland for the permanent seat of the
Government of the United States, includ-
ing the river P Potomac in its course through
the District and the islands therein"
Under the compact and boundary be tween
Maryland and Virginia, which appears on
pages 62 and 63, Code of Virginia. 1887,
the Potomac River and all islands therein
belong to Maryland, the boundary line Of
Virginia being low-water mark
MR.. BIRNEY'S COMMENTS.
Mr.. Birney, when asked regarding this
synopsis last night, said: Eyes; that is
right, except that last paragraph, I'm not
sure Of
''Mr. Taggart has been busy for mouths
on the Potomac Flats case, aud will be in
that for some time to come. During the
summer be will take up the question of
whether the run beyond Alexander Island
can be proved to have been continuous
stream from the Potomac. That's all
there is III the problem.
81 doubt some whether Mr.. Criteiler has
the facts to show to the satisfaction of the
courts that it was. But we believe ample
proofs exist in the Virginia records. Mr..
Taggart will secure these aud submit them
to Mr.. Dickinson, of the Attorney Generals
office, who will probably prepare bill
in equity to bring the question before the
United States Supreme Court, where it
must be heard.
RIVER HAS CHANGED.
'The course of the river has greatly
changed in time, aud the problem of
SuOWluS WueTG iOW water was
and is, is not easy. For Instance, the
three rocks above Georgetown known as
The Three Sisters, were once an island
upon which corn was grown. When old
papers mention the islands of the Poto-
mac here it might be coutended that
Alexander Island was necessary to make
two, aud explain the use OF the plural.
But the answer is made that the island
where the sisters are was meant.
ssStiiI we have old papers which men-
tion Holmes island, and we believe we
ca nprove that % be identical with Alex
ander."
what of the long exercise of jurisdic-
ton by Virginia. Will not the limitation
OF time run against the Federal govern
ments claim?"
virginia may not be able to show un-
disturbed possession. The question of
boundary between Maryland and Virginia
was in constant controversy till settled
by the Black Commission less than twenty
wears ago"