The times., 1897-06-09
THE TITLE TO GREAT FALLS
Riparian Rights Before the Board
of Commissioners.
POWER COMPANY'S CLAIMS
Ownership of the Water Front for
Power Right of the
Government to Build Dam on
the Maryland Shore-Coi. Eiiiot's
Recommendations.

Commissioners Ross and Black gave a
hearing to Lawyer Needhan, counsel OF
tie Great Falls Power Company, relative
to the riparian rights OF the company to
the Great Falls Lawyer Needham con-
tended that the title to the falls rested
in his company, with the exception of one
half of the undivided interest in the Mary
land shore immediately fronting the falls
and certain small islands on the Virginia
side OF the river The title, as claimed by
the company, had been confirmedin recent
decisions by the court OF claims and by the
Supreme Court OF the United States.
The company does not claim all the
water at the falls, said Mr.. Needham, but
it does claim that it owns all rights to
the falls for power purposes. The com
pany had secm ed an extensive tract along
the Virginia shore, from point above the
falls to "a Ioint below the falls, thereby
gaming riparian ghts TO the falls SO far
as Virginia was concerned. The company
had also secured an undivided half inter
est in the Mary land shore Immediately
fronting the falls, thereby gaining one
half of the riparian rights 10 the falls so
far as the Maryland shore was concerned,
the United states owning the other half.
LAWYER Needham held that the bed OF
a navigable stream is owned by the State
through which the stream flows The
river about the falls is virtually nayigablc,
he held, by virtue of the fact that boats
can pass up aud down the stream bymeans
Of artificial assistance in the shape OF a
canal. The company had secured a
charter from Maryland, who owned the
stream at that point, to untilize the water
for power purposes and place structures
on the bed of the stream AS to the
rights of the United States. the Govern
ment had acquired the right to put In a
dam OIL its undivided half interest on
the MARYLAND shore. The question as 10
whether the grant from Maryland to the
United states did not give the Govern
ment the right to the bed of the stream,
could be disposed OF by referring to the
fact that in 1853 Maryland had given TO
the United states the right to acquire
the soil from. lowwater mark to the
regular shore, to exercise concurrent juris-
dietion over the same with the State.
Lawyer Needham read from Certain law
States had been given jurisdiction oon-
currently with Maryland over the land
the Government should condemn, as Well
as over sucn structures as the Government
might erect on such land. Maryland had
not conveyed to the United States the
right to the land under the stream.
The United States had built dams across
the stream that now divert some 75,-
ost~ D..
conduit, and the suits of the company in
restraint OF such use had met with failure
The fact that the Chesapeake and Ohio
Canal Company had abandoned their old
canal on the Virginia Shore, not having
used it at al 20 any practical extent, and
had kept in lieu thereof the canal on the
MARYLAND side OF the river in constant
use, operated In the opinion OF Lawyer
Needham to the forfeiture Of the old
canal site, and the extinction of any
claim to the same that the canal COM
pany may have once had
Mr.. NecGham il conclusion asked that the
Commissioners urgethe Government totake
mold OF the property and utilize it for tie
good Of the District, or that the GIeat Falls
Power Company be allowed to develop it.
Col Elliot of the War Department, closed
the hearing with the statement that IN his
opinion it would be bed policy for the Gov
eminent TO buy any of tie rights to the
property without buying all the rights 20 the
same, and the feet that Maryland still
owned oEe-half of the property involved
Oh the north shore, the Chesa peake and Ohio
Canal Company still retained la wful pos
session of its old canal ste on the Virginia
side, and that there were two or three little
islands outside the jurisdiction of the power
company, would tend to make matters en-
barrassing in the event of the Government
purchasing the land in possession of the
power company without purchasing also all
other claims The Commissioners took
the matter under adyisement