Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-11
THE WHARF LEASES
PAPERS BEIN0eExECUTED BY THE
COMMISSIONERS.
Great Improvement Of Water Front
Anticipated,-End of Litigation
Over Potomac Flats.

The Commissioners are executing today
the last Of the leases for the wharves and
other water front property which has come
into the possession Of the United States as
result of the court decisions in the famous
Potomac flats case. Only few of the
leases remain to be executed, the work
having been In progress for some weeks
past. With their completion the long drawn
out litigation with regard to the Potomac
river front VIII have reached a final settle
ment A great improvement of the water
front is expected as a result of this settle
ment No important improvements have
been made along the river on account of the
involved condition OF the land. That i'm
provements are seriously needed is evil
denced by the most casual survey of the
property now there. Many of the leases en-
tered Into by the Commissioners and the
tenants call for thousands of dollars worth
OF improvements. Concessions have been
made In such cases in the matter of rent
for the next five years.
Inc case involving the status OF the water
front has been before the courts of the
District and the Supreme Court of the
United States for many years. The cause
Is known on the court dockets as the United
States against Martin F. Norris and 9TH
ers, but Is more popularity known as the
Potomac Flats case" The United States
Supreme Court rendered an opinion in the
matter May 1, 1899. holding that the title
to all the water front between the Long
bridge and the arsenal was in the United
states, and that no riparian rights in the
waters of the Potomac river belonged to the
owners OF land lying north of Water street,
but that as the occupants Of this water
frontage had erected and maintained ex-
pensive wharves and warehouses thereon
had done SO relying. some Of them on ex-
press and others on implied hcepses from
the District authorities, they should not
be treated as mere trespassers, but should
be allowed compensation for such improve
ment as they had made. 1t was decreed
that the value of these improvements
should be determined by further court pro-
ceedings.
The Courts Action.
Mr. c. G. Cole was employed as special
assistant attorney for the United States to
handle the matter. Much testimony was
taken, and on the 18th Of February last the
District Supreme Court, sitting in general
term, rendered a decree making awards to
the claimants which aggregated 1922, 122O4.
An appropriation to pay this amount to
parties to whom the awards were made was
contained tn the general deficiency bill
passed by Congress March 3, 1903. Most of
these awards have already been paid.
While the case was pending in the SUI
preme Court Of the United States Congress,
by an act entitled IAN act relative to the
control of wharf property and certain public
spaces IN the District Of Columbia" passed
March 3, 1899, vested the control of all
wharf property belonging to the United
states or the District of Columbia in the
commissioners This action, however, ex-
cepted the Potomac water front from the
north line Of the arsenal grounds to the
south curb line of N street south. and a
portion of the shore line of the flushing
reservoir at the foot of 18th. street north
west. winch was placed under the jurisdic-
uon OF the chief of engineers United States
army. The Commissioners were given
power to make all zneedful rules and regu-
iatlons for the government and proper care
or the property placed under their control.
Iney were also authorized to lease the
wharf property for, periods not exceeding
ten years, all rents collected therefrom to
De paid into the treasury one-haIf to the
credit OF the United States and one-half to
the credit of the District of Columbia.
Map as an Exhibit.
AS one of the exhibits placed in evidence
by the United States in the case there was
prepared large map of the water front
between the arsenal and the Long bridge
on which was shown every structure which
was numbered and the name Of the claim
ant written opposite. Upon being furnish
ed a copy of the decree of the court the
Commissioners took steps to lease the
wharves, having in the interim received
many applications for water front priyi-
leges. They established 1t as a policy that
present occupants should be allowed the
first privilege of leasing. The matter of
fixing the amounts of rental to be paid was
referred to Mr.. j. T. Petty, auditor Of the
District, who was authorized to enlist the
assistance of other District officials in de-
termining these amounts and the terms of
the leases. The assistance Of Commodore
]. r. Sutton, the harbor master, was Sc
cured. and proved invaluable. for he is
probably more familiar with the water
front than any one in District employ or
out of 1t.
The rates of rental for all the structures
shown on the official map were decided
upon and approved by the Commissioners.
These rentals vary from $15 year for
the lunch booths and fruit stands so IA
year for the extensive wharf properties
occupied by the steamboat companies and
ice corporations. The terms of the leases
vary. Those where the rent is under 500
a year are limited to one year; others are
for five years, and where extensive i'm
provements are agreed to be made the
leases provide for a renewal for an addi-
tional term Of five years, but all leases are
made subject to acts of Congress at any
time. The leases have been prepared I'M
der the direction of the Engineer Commits
sioner, Colonel John Biddle, by Auditor
gtneer Commissioners Office. The amount
of yearly revenue to be derived from the
wharf rentals Is expected to be In the
neighborhood of $4,000
While improvements are to be made to
the water front by the tenants with whom
leases have been executed In many in
stances, the idea in making the leases SUBJ
iect to termination by act Of Congress. is
with a view to future permanent improve
ments along the water front Congress
may provide for improvements there at any
time. Then. of course, new leases would
have to be entered into and the revenues
would be greatly Increased over those now
to be derived
THE FORESTS OF FLORIDA.
a-.1~A..,e. Hi1xrincr I'm LARGE Tracts of