Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-02

| with this conclusion reached it follows
| that the holders of lots and squares abut-
| ting on the line of Water street are not en-
| titled to riparian rights, nor are they enti-
| tied to rights of private property in the
| waters or the reclaimed lands lying be-
: tween Water street and the navigable chan
| neis of the river unless they can show valid
| grants to the same from Congress or from
| the city under authority from Congress, OF
| such long protracted and notorious pos
| session and enjoyment of defined parcels OF
| land to justify court under the doctrine
| of prescription, in inferring grants.
| The opinion states, concerning the CheSa'
| peake and Ohio Canal Companys claim &C
| riparian rights, as follows:
The Canal Company's Rights.
| TT is sufficient now to hold that the Ches-
| apeake and Ohio Canal Company does not
| either as to lots procured from private own
ers 10 lands occupied under the per
| mission of Congress and of the city author
| tiles, own possess riparian rights along
| the line of its canal within the limits of the
| city.
| Accordingly, the decree of the court be-
! low in respect to the claim of the Chesa-
peake and Ohio Canal Company is affirmed.
| 1t was, however, found by the court below
| that there is a small strip of land north OF
| Water street and owned by the Chesapeake
| and Ohio Canal Company, which hes With
! in the limits of the government improve
| ment, the value of which was determined
| by the court below at the sum of S5o3 SO.
| AS the United States have not appealed
| from this part of the decree, and as the
| Chesapeake and Ohio Canal Company has
| not excepted to the finding of the value, 1t
| follows that the canal company is entitled
| to that sum out of the appropriation by
| Congress as compensation for the occupa-
| ton by the government OF such str1p Oh
land ! Il
| The next class Of claimants, consisting
| of lot owners between nth street west ana
| 2Ith street west, is considered by the oplh-
| ion follows:
.'All these lots, with respect to which re-
| paran rights are claimed, lie to the north
| of Water street, Which ihtervenes between
| them and the channels of the river. Cndef
| the principles already established, no re
| paran rights belonged to these lots. But
some portions Of the lots are embraced
| within the limits of the government plan
| of reclamation, and for such portions the
| court below awarded compensation. All
| of these claimants, save two, have accepted
and received the compensation. Rlchard
j. Beall and the heirs and trustees OF VII
liam Easily have refused to accept the
conversation so awarded to them and have
appealed.
The opinion holds that the court below
was right in deciding that there was a
lack of evidence to prove that the registers
of squares were contempOraneOus with
original books which it was the duty of the
Commissioners to keep, that the entries
were not in their handwriting, nor in that of
any person whose handwriting is proved,
and that they have not the quality of a
public record.
The claim of Mr.. Beale that he should
be allowed interest or rental value for his
property which taken possession of by
the United States in 1882 seems entitled to
| further consideration by the court below"
Concerning the claim of the Easily trus-
| tees, that the decree awarding payment to
William Easby's heirs should be am nded
as IN the he
| trustees, the opinion states:
This controversy does not seem to have
| been dealt with in the court below, where
| it probably belongs. and to which, affirm
| ing the award in other respects, we shall
remit the question"
The decree of the court below in respect
to the claim by the descendants of Robert
Peter, Is affirmed
Long Bridge to Arsenal,
The next class of appellants considered
consists of those who claim rights of prop
| erty on the river front between the Long
bridge and the arsenal, deriving title from
| Motley Young. These are disposed of by the
conclusions already reached except in the
| cases claiming grants to Wharves and water
| fronts. AS to these 1t is held that they
have no rights in fee in the land and water
south of Water street.
1T is not disclosed in this record whether
| 1t is the design Of the government, on TAX
ing possession of the wharves and buildings
belonging to the appellants, to continue
them in the use of the public or to super
sede them by other improvements. Whatever
may be the course pursued in that respect
it should not deprive the appellants of the
right conferred upon them by the act of
Congress to have the value of their re-
spective rights, titles, interests or claims
ascertained and awarded them.
LAS to the method to be pursued In val
uing property NO, Of SO so peculiar character,
limited States IaS 7
| and Hetzel agt. Baltimore and Ohio Rail-
road Company 169 U. s., 3d. may be use
fully referred to-.
Good Effect of the Decision.
In conversation with Star reporter this
afternoon District Attorney Davis, refer
ring to the decision of the Supreme Court
of the United States in the Potomac flats
case, said: 4
This opinion, following the previous
opinion of the Supreme Court in the case
of the Potomac Steamboat Company
against the Upper Potomac Steamboat
Company, sets at rest the question of the
title to the Potomac flats. 1t is, therefore,
| a cause of cosigratalation to both the fed,
| eral and local governments, as it leaves the
| water front and the reclaimed lands in the
river wholly free from any embarrass-
| ments of conflicting ownership, and the
| government is at9nberty to do as ii NAV
think proper in the premises.
| The further proceedings which the Su-
| preme Court has directed in the matter are
directed in respect of ascertaining and
awarding proper allowances to the several
| individuals who, from time to time under
| the claim and I'm the belief of private owner
! ship of the waterfront, have constructed
| wharves and erected buildings, for the costs
| of which the Supreme Court thinks such
| persons eQuitably entitled to be reimbursed
| on the familiar principle of allowance for
| betterments. This, however, is a matter
| of very inconsiderable Importance in com
| parison with the main result at which 1
am particularly pleased, as the credit for