Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1895-10-08
IN THE GOVERNMENTS FAVOR
An important Decision Handed
Down by Judge Hogue.
THEHAPE ,R0F WASHINGTON
And the R'.S ned Flats Belongs to the United
: States.
sEvtNg JNDRED AND FIFTY ACRES
5
WorS dany Thousand Dollars Were In
volved in the Decision The Case Will
No Doubt Be Appealed to the
Supreme Court.
vtNs 1NDRED AND FIFTY ACRES

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 maintained
by the supreme court of the District OF
Columbia today over those of all other
claimants of whatever nature The de-
csion of the court sitting in banc, was
delivered by Mr.. Justice Hagner and oc-
cupied the entire session of the day. more
than three hours being required to read
the document. The litigation, of which
today's opinion works an important step
towards final adjudication, had its origin
in the efforts of the government to re-
claim the Potomac flats and establish
harbor lines in the river. This led after
a time to the setting up of claims by va
rious interested parties to ownership in
the reclaimed flats, now extending over
an area of $50 acres, and of riparian
rights attached to the lots fronting on
the water. Finally, in August, 1886, con-
greSs passed an act directing the at
torney- general to enter suit in the dis
trict supreme court against the several
claimants to determine the merit of their
claims. This was done shortly after the
passage of the act, suits being entered
against fifty-four claimants. Until last
winter nothing was done in the matter,
the time being spent by the attorneys in
perfecting their cases. They were then
consolidated and the trial of the several
claims had. They were divided in seven
classes and each class put forward it's
testimony, which the government antag-
onized. 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 Poto-
mac river under a grant from the crown
of England to Lord Culpepper to the
northern neck of Virginia, and under
deed from the heirs of Henry Hartford,
the last proprietary of the province of
England, to those of persons holding pos
session of the river front by license from
the chief of engineers United States
army. One of the claims was for about
$50 acres of the reclaimed land contig-
uous to plot known as "Kidwell Mead
ows," for which a patent was Issued to
John Kidwell in 1869. This claim, the ev-
idence declared, was a speculative one.
A quarter interest has been sold for $780,
600 and at the time the suit was begun
a syndicate had been formed to buy 1t
for 81 900, 900.
All of the claims were overthrown by
the decision of Judge Hager. The opin-
ion was exhaustive, reviewing the his
tory of the Potomac river from the date
of the original charters to lands in Vir-
brief was that the right, tile and interest
an the land and water of the river within
the district vested in congress for the
benefit of the public and no private right
or ownership antagonistic thereto could
be established.
1t was decided that the owners of GER
tain lots which extended under the sur
face of the river, and which had been re-
claimed by the government. were entitled
to remuneration to the extent of the val
ue of the lots before reclamation. The
decision also in express terms declares
the patent issued to DR.. Kidwell in 1863
for a tract lying in the river about forty
seven acres in extent of none 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 to the supreme court Of
the United States was permitted to any
of the parties. and 1T is probable that the
case will find it's way to the highest tri-
bunal in the land, although no steps were
taken in that direction today.