Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-24
ALEXANDER ISLAND
Attorney General Asked to Bring
Boundary Suit.
TO DECIDE QUESTION OF OWNERSHIP
Mr.. Thomas Thinks the Island is
Part of the District.
THE CORRE ESPON ENCE

The Commissioners are strongly Of the
opinion that Alexander Island. or, as 1t is
mere commonly known, jackson City," is
a part of the District of Columbia, and with
this in view today wrote letter to the
Attorney General Of the United States re-
questing that the matter be judicially de-
termined.
This matter was called to the attention
of the Commissioners some time ago, and
they determined to investigate it. The
lawlessness that has run without restraint
for years made it important to the Com
missioners that some definite action be
taken at once. The police, too, were seri-
oUsly handicapped by the existence of this
plague spot in sight of the Capitol, and
Major Moore strongly urged that some
thing be done. Then it was suggested that
Alexander Island belonged to the District
of Columbia, and a number Of persons in
terested in breaking up the place came
forward with evidence to prove that the
island was originally one that belonged to
Maryland, and had never been connected
with the mainland of Virginia.
1t is true that Reaches run winds its
sluggish course on the south of the island
and connects through a series of marshes
that feel the rise and fall of the tide with
what is commonly known as Gravelly
creek, which finally empties into the river
in the neighborhood of a point opposite
the Presidents House on the Virginia side
MIR. Thomas Opinion.
With such evidence to go on the Com
missioners did not hesitate to call upon the
attorney for the District. Mr. ST Thomas.
and request him to furnish them with
legal opinion on the subject, together with
recommendations as to the proper course
to be pursued. This he did today In the
following opinion:
"At your request I have drafted and
submit to you herewith letter to be ad-
dressed to the Attorney General. request
ing him to institute proceedings to obtain
possession. Jurisdiction and sovereignty
for the District of Columbia over a tract
of land at the south end of Long bridge
known as Alexander Island
The District not being state possessed
of sovereign power, 1t will be necessary
for the United States to bring suit in
equity against the state of Virginia to de-
termine the boundary between the Dis
trict and that state. Under section Of
article of the Constitution, in reference
to the judicial power of the United States,
the Supreme Court has original jurisdic-
ton In such case AS between the states
suits to determine boundaries are familiar,
and the reports of the Supreme Court fur
niSh many examples. Upon looking into
the matter / find that Congress by act ap-
proved FebI Iuary ~, 1901 G. Stat, 1O3), de-
clared That the District Of Columbia shall
be formed into two counties; one county
shall contain all that part of said District
which lies on the east side of the River
Potomac. together with the Islands there
in, and shall be called the county of Wash
ington; the other shall contain all that part
of said District which lies on the west
side Of said river. and shall be called the
Cornty Of Alexandria" BY act of July 9.
1916 @ Stat, 35), Congress recedcd to the
state of Virginia 'All that portion of the
District of Columbia ceded to the United
States by the state Of Virginia" The
boundary between Maryland and Virginia
has been det ermined to be low-water mark
on the Virginia shore.
IF, as claimed, the Old maps, documen-
tary evidence, &c, prior to 1S31 show that
there was channel between Alexander
Island and the state of Virginia, in which
the tide ebbed and flowed, then I think
Alexander Island must be considered to
have been one of the islands of the Poto-
mac prior to the retrocession of Alexandria
county in 1886, and hence now a part Of
the District Of Columbia. I notice by the
newspapers that counsel for a prisoner
confined in Jail at Alexandria for an al
legged homicide at jackson City,, on Alex
ander Island proposes to contest the juris-
dicton of the Virginia courts, to try his
client on the ground Of want of jurisdic-
ton at the offense. the point being that the
Offense, If any, took place in the District
of Columbia, and not in Alexandria county,
Virginia, but 1 doubt whether the courts
would in collateral proceeding decide a
question of boundary. My opinion is that
the matter in question should be deter
mined by a direct suit by the United States
against the state Of Virginia.
The Letter Sent.
When the board met this morning the
Commits sioners agreed upon the following
letter, which they sent to Attorney General
Olney:
1.-The question whether the tract Of land
at the south end of Long bridge, across
the Potomac river, commonly called Alex
ander Island, is a portion Of the District
of Columbia has been brought to our at
tention. 1t is contended that at the time
of the cesSion by the states of Maryland
and Virginia to the United States Of the
territory originally composing the District
Alexander Island was one Of the islands
of the Potomac river and part of the terri
tory ceded by Maryland; that the tide then
and ever since has ebJed and flowed in
channel between said island and the MAIN
land of the Virginia shore. In the retro
cession by Congress in 1916 @ Stat. 35)
there was returned to Virginia only it's ter
ritory Ceded by it's act Of December 3, 1889.
1t is important to this community, not only
as a matter Of police, but otherwise, to
have this question definitely determined,
so that if alexander Island Is rightfully
within It's Jurisdiction the laws and regu-
lations of the District of Columbia may
be enforced therein. The Commissioners
have therefore to request that you will, by
appropriate proceedings, have this question
judiciaIly determined"