New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-08
THE GOVERNMENT WINS.
DECISION IN THE FAMOUS POTOMAC
FLATS CASE.
RIGHTS OF THE UNITED STATES IN THE kh-
CLAIMED LANDS UPHELD BY THE DISTRICT
SUPREME CoURT-A MATTER OF FAR
REACHING IMPORTANCE TO THE
CITY OF WASHINGTON.


CITY OF WASHINGTON.
Washington. oct THE paramount calm OF the
United States to the harbor Of the City Of Washing
ton In the Potomac River and the eastern oEahch
was maintained by the Supreme Court OF the Dis
trct OF Columbia to-day the rights OF AL
other Claimants Of whatever nature. The decision
Of the Court sitting in banc. was delivered 10y JUS
tice Hagner and occupied the entire session OF the
day. more than three hours being required TO reau
the document.
The litigation in which to-days opinion Ia an I'M
portant step toward final adjudication. had Its
origin In the effort OF the Government TO reclaim
the Potomac fats and establish harbor lines III inc
river. This led. after "A tine. TO the setting up VA
claims by various interested persons to ownership
in the reclaimed flats. extending over an area
of $50 acres and of riparian rights attached to the
lots fronting the water. Frally. in August, io'o'
Congress PASSED an act directing the Attorney
General to enter suit in the District supreme court
against the several Claimants to determine the merit
Of their claims. This was done soon after the pas
sage os the act suits being entered against hi'y-
four Claimants.
Until .ast winter nothing was done In the matter
the time being spent by attorneys IN periec''ns
their cases They were then consolidated ana the
trial OF the several Gains nad. They were ui'iue"
into several classes and class put forward its
testimony. These claims ranged from that maze
by the heirs OF James Marshall brother OF Chlei
Justice John Marshall. to the whole ped Oh '"e
Potomac River under grant from the crown OF
England to Lord Cuipepper TO the northern NECK oi
Virginia and under deed from the heirs OF Henry
Hartford the last proprietor OF the province OF
Maryland to those OF petsons holding possession OF
the river front by license from the Chief OF Eng-
neers of the Army one of the Claims was for about
hundred and fifty OF the reclaimed AND
contiguous to a plot known as "Kidwell Meadows
for which patent was Issued to John hid"e" Il"
1859 This clam, the evidence disclosed, was a
speculative one quarter interest ha1 heen so-u
for $1,000. and at the time the suit was beguh d
syndicate had been formed to buy IL for $Lolvp
of Justice Hagner. The opinion was exhaustlse,
reviewing the history OF the Potomac River from
the date OF the original charters to lands IN VIZ
gnid and Maryland It's conclusion IN Drei' was
that the right, title and interest in the lands al q
water OF the within the District were Vested
in Congress for the benefit OF the puollc, ana no
priva;e right or ownership antagonistlc thereto
could be established. II was d'cdeI mat the
OF certain lois which extended under the sur
face of the river ana which had been reclaimed
by the Government were entitled to remuneration 10
tion. The decision 50 in express terms declares he
patent issued DR. Kidwcll in 1863 for tract lying
IN the river, about forty-seven acres in extent, or
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 10 the United States Supreme Court Is per
proba BILE that the will ind its to the high-
est judicial tribunal In the land. although 10 steps
were taken in that direction to-day.
The decision OF the Court. II IL is sustained by the
import nee to the National Capital II Will de-
termine the right OF Congress to improve the water
front. incidentally abolish many m sances and con-
firm the project convert the reclaimed flats into
a park AMI the beginning OF a boulevard. which
shall encompass the city on the west ana terminate
at the Soldiers Home.