Evening star., 1895-04-29
Taken Up Today in Potomac Flats
Hearing.
The HISTORY OF THE CASE
Mr.. Hamilton Says Grave Injustice
Has Been Done.
THE ACTION OF CONGRESS

others, to quiet the title of some forty de-
PENDANTS to the Potomac fats and to the
adjacent river front from about Easby's
Point to the arsenal, was resumed this
morning The consideration Of the claims
of the Marshall heirs. who claim the river
bed from shore to shore, was concluded
Friday afternoon, and this morning the
court took up the claims of Mr.. Justice
Martin F. Morris and others. who claim
the Potomac flats from 18th street up to a
point Just beyond Easby's Point, under the
so-called Kidwen patent These claimants
are represented by Mr.. Geo. E. Hamilton
and by Mr.. Nathaniel Wilson. and the for
mer made the opening argument today.
In beginning his argument. Mr.. Hamilton
said that at the very outset they questioned
the constitutionality OF the act OF congress s
that of August 5. Disappointing for the.
institution of the present suit. The govern
ment, he stated. had allowed the lano 70
be improved and had even granted away
utterly worthless. When, in 1869. John L.
Kidwell obtained a patent from tis2 general
land office for the land in question.some
47.71 acres. designated as the kidweh
meadows-Dr. Kidwell. explained Mr Ham-
uton, was looked upon as little less than
maniac for taking the property; but Wnen
he persisted and it was realized that the
land would in the course OF time become
sought to belittle his title. Nevertheless.
said Mr. Hamilton, DR.. Kidwell persevered
In his efforts to hold the property granted
him, and when his title was questioned 1t
was sought by those claiming under the
Kidwen patent to induce Congress to au-
thorize the Attorney General to bring suit
to vacate any patent which in mis- opinion
had been by mistake or Illegally or I'M
properly issued for any part OF the marshes
or flats within the limits of the proposed
improvement of the Potomac river Such
authority was finally given in the river and
harbor act of August =. lSS2; but, said Mr.
Hamilton, for some unexplained reason the
Attorney General never so proceeded, al
though frequently solicited to do so by the
Kidwell claimants. The act of 1886. how
ever, made such a suit mandatory on the
Attorney General, but for the extraordi-
nary character of the latter act, said Mr..
Hamilton, for its peculiar language and
the drag-net scope Of its provisions. the
claimants under the Kidwell patent dis
claim all responsibility.
The Governments Acts.
By the proceedings under the act OF 1886,
argued Mr. Hamilton, the government
recognized the claims Of the parties. al
though 1t seeks to attack its own acts.
The government, exclaimed Mr.. Hamilton.
says: Il passed this act because l was able
to do so. and to compel you to fight me-"
By the terms of the act. said Mr.. Ham1l-
ton. Congress made the District Supreme
bodies of less dignity than coroner's jury.
It denied the claimants right of trial by
jury, "and.' exclaimed Mr.. Hamilton. IF
a private Individual should attempt to do
the same thing he would be looked upon
as little less than a highway robber. The
act of 1856 Is strange and monstrouS pro-
ceeding. and we deny its constitutionality."
In 1867. said Mr.. Hamilton. DR.. Kidwell
applied for the patent, but did not obtain
it until December G. 1860. when 1t was is
sued to him under the authority of a joint
resolution Of Congress Of February 16.
1880.
That act, explained Mr.. Hamilton, pro-
vided that the acts of Maryland for Sc
curing titles to vacant land continued In
force by the act of Congress of February
q, 1901, in that part of the District teded
by Maryland and heretofore imperative
for the want of appropriate officers or
authority in the District, should thereafter
be executed. as regards lands in the coun-
ty Of Washington and without the limits Of
the city Of Washington. by the Secretary
of the Treasury, through the general land
office. Applications for warrants, stated
Mr.. Hamilton, were directed to the sur
veyor for the county, who was directed to
make return to the commissioner of the
general land office. Payment for the land
was to be made to the United States treas
urer, upon whose certificate of payment
there should issue a patent for the land
frcm the commissioner. 1t was true, how
ever, said Mr.. Hamilton, that the joint
resolution In question provided that any
land ceded to or required by the United
States for public purposes should not be
affected.
The Joint Resolution.
The occasion for the passage of the joint
resolution, declared Mr.. Hamilton, was an
attempt by some persons to take up of the
very same flats through an application to
the Maryland officers Under the author
ity of that joint resolution, he stated, the
Secretary Of the Treasury promulgated
oar a in la h1,f ha art
said Mr.. Hamilton, charged, but unjustly
so. that in the issuance of the Kidwell
patent there was failure to comply with
some of them. Every requirement, assert
ed Mr.. Hamilton, had been observed both
in the application for, and in the issuance
of, the patent to DR.. Kidwell, and yet he
is now charged with fraud because he had
the prescience, which others did not have,
to see that the property, because of the
advance of Washington, would become
greatly enhanced in value
Grounds of Inynlidity.
Although, asserted Mr. Hamilton, other
titles, probably Of far greater value are
involved in the present case, the burden Of
the governments bill Of complaint is a de-
tailed attack upon the Kidwell patent. and.
he thought, an unjustifable assault upon
the memory of three honored former resi-
dents of Washington who have passed to
their last account. The grounds of in
validity urged against the Kidwell patent,
stated Mr. Hamilton, were: F1rSt-Ihat
the land covered by the patent was within
the limits of the city of Washington. Sec
ond-That the land was not within the
county of Washington. Third-That the
land was covered by water at the time Of
the cession by Maryland, and was, there
fore, reserved for public use. Fourth-That
in the years 1s6s-69 the land was not dry,
solid land and was unfit for cultivation.
Fffth-That the land was subject to tidal
overflow. the warrant to the surveyor call
ing for a survey Of firm land, not subject
to tidal overflow. Sixth-That the land
was part Of the mainland Of the city Of
Washington, being an accretion thereto
Seventh-That the patent was obtained by
fraud, the alleged fraud consisting In the
fact that the brother of the commissioner
of the general land office acted as attorney
for DR.. Kidwell in procuring it; that certain
statements contained in certain affidavits
filed by this attorney in order to procure a
are alleged to be false, and that
DR.. Kdwell sought to obtain title to the
land for the purpose of speculation. And,
the patent was not issued in
accordance with the laws Of Maryland and
with the regulations promulgated by the
Treasury Department.
The Claim Left.
Explaining that DIR. Kidwell died in 1888.
and that he conveyed undivided interests
under his patent to John Wilson, his attor-
ney,. Henry Wells and to Judge Morris,
they and their successors now claiming