Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1896-09-19

The committee appointed by the
last General Assembly to investigate
a certain survey and assignment of
water area, along the shores of Fox
Island, have submitted their report
to the Attorney General. In it, they
state, that the survey and adjudica-
ton did not conform to the require
ments of the act in some important
details, viz: First, that the applica-
ton of the riparian owner to the fish
commissioner did not embrace all the
conditions prescribed; second, that,
as shown by the testimony of the fish
commissioner, no such computation
OF water acreage was made as the act
required; third, that no preference
was given to the original lines of
survey, as was evidently contem-
plated by the act; and, fourth, that
no attempt was made to re establish,
as near as might have been done,
the original metes and bounds of the
State survey.
The committee attach no blame to
the fish commissioner in the matter
OF the adjudication, in view of the
fact that the adjudication was made
on the claim of certain fee simple
rights by the riparian owner, but for
the support of which the committee
have failed to find proper evidence.
indeed, they report all the record ev-
ldence attainable, tends to contradict
such claim. That all the surveys
made under authority of the State,
and all deeds OF record pertaining to
said island or islands, limit the area
OF the island to an acreage OF only
little more than six hundred acres.
No evidence could be found connect
ing the Jumps on the eastward side
OF the island with the island proper,
and the contention of the riparian
owner that Muddy Marsh was ever
embraced in the Fox Island survey,
appeared to the committee as entirely
untenable. The report embodies
copies OF all the surveys and deeds
referred to, from the original survey
OF 1913, and the Stacker Nelson grant,
under which the land was first ceded
The committee decides that the
mandamus proceedings before the
Court of Appeals have no bearing
upon the issue before them, because
these proceedings in no wise touched
the question OF boundary claim. The
contention of the riparian owner,
that the matter is now res adjudicata,
cannot the committee reports be
sustained; the attempt to conform to
the Act having been prosecuted on a
false assumption, the State never
having designed to give to the ripa-
rian owner the considerable areas
embraced in the survey, and which
the act in no sense justifies.
Finally the title and object of the
Act,s the committee, provide for the
establishment of boundary straight
line, or lines, around said island, in
order to avoid the indentations and
uncertainties of the original boun-
dairy line. The plat of this new
survey shows that the boundaries, as
claimed by the said riparian owner,
before said survey, were straight
lines, absolutely without indentation;
and such being the case, the require
ments of the act could not be met
by the establishment of new and
different lines. The committee. in
summing up, have decided:
1. THAT the property rights of the
Commonwealth are being infringed
upon by the said William Ellinger.n
2. THAT proceedings be insti
tuted by the Attorney Generalin the
proper court to protect the interest
of the Commonwealth"
The report is signed by all the
members of the committee, and it is
understood, that the opinions set
forth were mutually concurred in.
The committee was composed OF
Senators LeCato and Stubs, and
Delegates Hathaway and Booker.