The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-03-18
BOARD OF EDUCATION
CLAIMS RIVER LAND
Authorizes Litigation to Deter
mine Its Title to Property
Valued at 100000.
SPECIAL COUNSEL is EMPLOYED
Tract, Occupied by Railroads and
City Wharves, Extends From
Madison to Dock
Streets.

Irrigation involving the title to real estate
valued. exclusive OF Improvements, at $500
s", Will be begun within a few days by the
Board of Education through counsel re-
tained especially for that purpose.
This action was decided upon at special
meeting OF the board last night, although
the matter has been under consideration
since last May. Judge r. Z. Rombauer.
general attorney OF the board. resigned that
position to accept the position OF special
counsel to prosecute the litigation. Asso-
ciatsd with him will be George d. Reynolds
George B. Webster and B. f. Webster. who
are employed on a contingent fee.
The matter involved in the action Of the
--eorge B. webster. Mr. Webster and his
ssans hs y o dns FOR SreSsht
the North Wharf, discovered that the title
North St. Louis was, in all probability best
vested in the Board OF Education. They
offered to disclose the results OF their inves-
legations, provided the board would retain
them to prosecute the claim under liberal
contingent fee.
committee. consisting Of Messrs. James l..
Ford, Edward c. Eliot and William Taus-
sig. who made exhaustive Investigations
and returned an elaborate report in Deem
Der. The matter was then considered by
the board as a committee of the whole, with
the result that final action. announced
last night, was determined upon.
NATURE OF THE CLAIM
The tract of land to which the board be-
lieves II has the best title extends from a
line on the north about go feet north OF
Dock street. to a line on the south, about
>.1oo feet south of Madison street. The strip
Us widest on the north end. The assessed
9t sns lots
ments. is $4,000. The city's property lying
within these boundaries is valued at sl25, 600
making ma dds total valuation Of more than
PROPERTY FORMED BY ACCRETIONs.
The property is formed by deposits or ac-
cretions, from the Mississippi. 1t is occu-
pane TSsrs are aS to be-
owners of lots in the tract whom it would
be a hardship to dispossess.
the property will be based upon the decis-
ion Of the Supreme Court in the Sweringen
case She claimed the aecretions BY virtue
March Is. 1852. to Louis Labeaume.
The Supreme Court held that the terri
tory in the nm, had
sippi River. but a fixed line marking the
west bank of the river, and that, there,
fore, accretions gained beyond such fixed
line were not covered by the Labeaume
patent.
Mrs. sweringcn appealed to the United
kStates Supreme Court, which dismissed the
Case, on the ground that no Federal Ques-
ton was involved, but intimated that the
decision of the Supreme Court on the Ques-
ton OF riparian rights was correct
The accretions thus formed. never having
been granted to any one by the United
States. became the property Of this. State.
BY the act =of 1885 all State lands not
otherwise appropriated. which have been
formed by the recession OF rivers and
lakes, were granted to the public schools;
and in this city the title to such is vested
in the Board OF Education.
BOARD PROCEEDED SLOWLY.
President Taussig said last night that the
delay in taking action on the matter was
peculiar position.
We are not warranted" he said. in en-
gaging in litigation of doubtful titles where
the doubt is serious in order to force COM
promise That is. we feel that It is the in
terest Of the community that the security
OF titles fairly well established should not
be disturbed or litigated. On the other
hand. the board cannot shirk the duty Of en-
forcing .ts rights to property when such
rights seem to be fairly clear, and when
Its attention is called to sucn rights and
request TO enforce them made. Having
been informed of the title in this case, We
deem II our sacred duty and part OF our
public trust to enforce IT"
Judge Ronbauer said that proceedings
would be instituted this morning against the
present owners of the property. There will
be twenty-one separate suits In ejectment
flied Immediately. and others will be filed
later. There appears TO be some doubt as
to the title to a small strip of ground IN the
tract described, and proceedings against the
present occupants OF this strip will be de-
ferred.
The Finance Committee recommended the
appropriation OF $500 for surveys and pre-
liminary work IN connection with the liti-
cation.