Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-03
QUESTION SETTLED
Scope of the Decision in the Potomac
Flats Case.
OWNERSHIP OF RECLAIMED LAND
Control in Commissioners and the
United States.
r L l. ES FOR r E n T S

When asked today by a Star reporter as
to the effect of the recent decision of the
Supreme Court of the United States in the
Potomac flats case. Assistant District At
tOrney Hugh T. Taggart. who conducted the
case of the government throughout the
proceedings, made the following interesting
statement:
The decision of the Supreme Court of the
United States in the case of the Potomac
flats sets at rest vexed questions as to
public and private rights along the river
front of this city, which have for many
years past operated to prevent needed con-
gressional legislation and to embarrass
executive action in the interest of the city
at that point and which We're imperatively
demanded by considerations of health, util-
ity and beauty.
Object in InstftutinG the Suit.
THE avowed purpose of Congress in di-
recting the institution of the suit was that
of establishing and making clear the right
of the United States to the space extend
ing from the land line toward the channel
and composed in part of land and water
affected by the improvements of the Po-
tomac river, or its flats. in charge of the
Secretary of War
'I hrough the proceedings and the decree
in the court below, now affirmed by the
court OF last resort, the right and title of
the United States to said land and water,
including riparian rights. is declared to be
absolute. as against the various Claims and
pretensions ;3rgcd on behalf of individuals
and corporations. in the premises, The
Supreme Court says the conclusion is war
Tanted that from the first conception of the
federal city the establishment of public
street bounding the city on the south, and
to he known Water street. was intended,
and that such intention has never been de-
parted from
This is an extremely important declara-
ton, as affecting projected improvements on
the Eastern branch front of the city, the
language of the court being applicable to
that section, The right of the United states
TO cause Water street to be laid out along
the line of the Eastern branch being set
tied. all questions of ownership in land to
be reclaimed are also settled.
Matter of Riparian Rights.
In respect of the matter of riparian rights
in the waters of the Potomac river, while 1t
is the conclusion of the court that no such
rights belong to the owners of lots lying
north of Water street, and that no pre-
sumption of grants in fee can arise in these
cases from actual occupation of lands and
water south of that street, the court also
says we do not understand that it Is the
intention of Congress In exercising Its 1urlS-
diction over the territory in question and in
directing the institution of these proceed
ineS to take for public use without cOmpen-
sation the private property of individuals
situated in the lines of government I'M
pruvement. even where such property may
lie south Of Water street. Those who, rely
ing. some Of them, on expressed and others
on Implied licenses from the city author1-
ties had erected and maintained expensive
wharves and warehouses for the accommO-
iation of the public, are not to be treated
as We read the will of Congress as mere
trespassers.
In the same connection the court fur
Their says: 1t Is not disclosed in the rec
ord whether it is the design OF the govern
meut on taking possession OF the "harVeS
and buildings belonging to appellants 10
continue them in the use of the public or
to Supersede them 10y other improvements
Whatever may be the course pursued in
that respect. it should not deprive the ap-
pellaEts of the right conferred upon them
by the act Of Congress to have the value
of their respective rights, titles, interest or
claims ascertained or awarded them
Control of the Property.
After the case had been submitted to
the Supreme Court. Congress, by an act
approved March 3. 1899 entitled An act
relative to the control of wharf property
and certain public spaces in the District OF
Columbia provided that the Commission
ers of the District of Columbia shall have
the exclusive charge and control of all
wharf property belonging to the nlted
States or to the District of Columbia with
in said District, including all the wharveS,
piers bukheads and structures thereon
and waters adjacent thereto within the pier
lines. and all slips. basins, docks, water
fronts, land under water and structures
thereon, and the appurtenanceS, easements,
uses. reversions and rights belonging there
TO. which are now owned or possessed by
the United states or the District of Column
bia, or to which they either of them is
or may become entitled. or which they or
either of them may acquire under the pro-
visions hereof otherwise; and said Com
missiOners of the District OF Columbia shall
nave exclusive charge and control of the re-
pairing, building, rebuilding and maintain
Ing, altering, strengthening. leasing aud
protecting said property and every part
thereof, and all the cleaning dredging and
deepening necessary in and about the same
within the pier lines
Said Commits sioners are also herehv an,
thoriZed and empowered to make all nead
ful rules and regulations for the govern
ment and control of all wharyes niers
Hu!kheadS and structures thereon and wat
ers adjacent thereto within the pier lines
and all the basins, slips and docks with the
land nder water IN said District nor
owned by the United States or the District
OF Columbia: Provided. The following de-
Scrlbed property shall be placed under the
immediate jurisdiction and control of the
chlef Of engineers of the United States. the
banks of the Potomac river from the north
me OF the arsenal grounds to the southern
curb line of n street south: also ann Wnear
feet OF shore line in the flushing reservoir
at the foot of 18th street west. and west
from the western curb of said street in
Guiding 4 levee 100 feet wide
Rules and Regulations for Its Care.
The act further provides that the Com
missioneTs and the chief of engineers of the
army shall have power to make all needfuI
rules and regulations for the government
and proper care of all the property thus
placed under their respective control, and
that all rents collected shall be covered
into the treasury of the United States. one
half to he placed to the credit of the United
states and onc-half to the credit of the Dis
trlct OF Columbia, and that no lease made
under The provisions of the act shall extenh