Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-13
VARIOUS EFFORTS REVIEWED
Memorials to Congress Urging App-o-
priations for the Work.
ATTORNEY GENERALS OPINION
Recommendations and Estimates of
the Cost-ownership of the Lands
in Question.


Anacostia Citizens Association, consisting
of Eugene f. Thompson. chairman: r. a.
Pyles A Guide ]. W. Tolson, H NJ. John
son. George c. Havenner and George o.
Watson. at a meeting of the association.
last evening. submitted a carefully pre-
pared report on the necessity for the i'm
provemcnt of the AnaCostia river. as fol-
lows:
The necessity for the Improvement of
the Anacostia river has been so fully rec
oguizad by Congress, in several acts and
resolutions calling for surveys, or making
appropriations for temporary relief to navi-
CATION that it hardly calls for arguments
10 emphasize the Importance of this work.
but We're a compittee appointed to con-
slider and report upon the most vital i'm
provement in the District of Columbia we
have no hCsi.ancy in saying that It
would recommend tn immediate reclama-
ton and Improvement Of the Anacostia
flats.
Your committee has carefully considered
the various efforts that have been made
looking to the reclamation and improve
ment Of the Anacostia flats and we are of
the opinion that the time has come when
demand should be made of Congress, as
well as the honorable board of Commits
sioners of the District of Columbia for
sufficient appropriation to Immediately be-
gin this important work
Memorials to Congress-
From time TO time memorials to Con-
sress have been made, urging upon them
the necessity Of appropriations for this
work. yet up 10 this time the efforts that
have been Pot forth have resulted in but
two steTs-hrst, a partial survey of the
AnaCostia river, and, second, an opinion as
to the title of the lands both over and I'M
der the water In the river. These two steps
were. however, very necessary to take and
they will serve as foundation for further
work. The survey to which we refer is
that made by Lieut.. Col Charles j. Allen,
Corps of Eng ineers. L. S. A, and is printed
in House of Representatives document No.
1874. Fifty-ninth Congress, first session,
which for reference should be taken to-
gether with the recommendations of Lieut.
Col. Allen. as made to the Secretary OF
War. under date of December l. 1898. and
which transmitted to Congress and
printed in House of Representatives docu-
ment No. 81 F!fty-fifth Congress, third
session. The opinion is that of the Attor-
ney General under date of September g.
1905 and is also printed in House of Repre-
sentatives document No. 1874, FIfty-ninth
Congress- first session, and from it we
would quote follows:
1.-The title of the United States TO the
premises under consideration is derived
from the same source and is of the same
nature as it's title to what is known as the
Potomac flats. which has been judicially
established. 1t rests upon the cesson
made by the act of the state of Maryland
cede to Congress a district ten miles
square in this state" which was accepted
by the act of Congress, approved July 16,
1870. and the act of March 3 1891. amend
atOry thereof and was subsequently rati-
fled by an act of the state of Maryland.
passed December 10. 1891. BY this legisla-
ton the United States became invested
with the title To the shores and beds OF
the navigable waters within the limits OF
the territory so coded. embracing the East
ern branch. or Anacostia river, as it was
river, which title was held by the United
States (as 1t previously was by the stateC
in trust for public purposes.
The lands included within the AnacoS-
tia flats, as shown by the said survey Cre-
ferring to the survey above mentioned,
appear to be either submerged or subject
to tidal overflow by the waters of the
Eastern branch and are a part of the bed
of the latter. The accompanying papers
furnish no information to the existence
of any private claims affecting these lands
tthis refers to the titles, etc, described in
the same dOCument. 1t is probable, how
ever, that claims to riparian rights and
wharfng privileges do exist on the part OF
owners of property fronting on the East
ern branch: and the Baltimore and Poto-
mac Railroad Company, whose tracks cross
the flats in question may have claims in
connection with its right of way upon the
same. Subject to the existence and valid
ity of such claims. If any, 1 think that
the ownership OF all the land embraced
within what is known as the Anacostla
flats, as indicated by the aforesaid sur
vey. is vested in the United States for pub
lie purposes
Recommendation for Appropriation.
Your committee recommends that Con-
gress he asked. both through the board of
Commissioners and directly, TO make a suf-
flcient appropriation to carry out Lieut..
Col. Aliens recommendations, In which it
is recommended that the channel be dredged
TO the depth of - feet at low tide. with
width of 400 feet to the Anacostia bridge
and depth of 16 feet with width of 300 to
200 feet to the Renn!ng bridge, the deposit
ing OF the dredgcd material on the flats and
transporting material to raise the same to
height of II feet above low tide. including
the erection of a sea-wall at an estimated
cost of $7,W0."VD. and this estimate. al
though made in 1898. appears about correct
of this date but II is based on large and
continuous appropriat tons.
ION February %. 1905. Congress adopted a
joint resolution asking the board of Com
mtssloners to submit To them report upon
the Improvement of the fats, with recon-
mendations and estimates of the cost. and
10 this resolution the board of Commission
ers replied asking for an appropriation of
$4,000 TO employ counsel to investigate and
determine far possible as to the own
ership OF the land and riparian rights along
the AnacuStia river before any attempt was
made TO improve the fats. Your commit
tee believes that the Attorney General
has rendered an opinion as to the ownership
OF the anNS IN question an apprOpria-
ton should be asked of the coming Congress
TO begin this important work and that out
of the first appropriation the sum Of $4,000
or so much thereof may be necessary
shall he available for the employment of
special counsel 20 carry out the suggestions
of the board of Commissioners, provided
such course be absolutely necessary. AS il
will take a considerable time to improve
the flats. why cannot have the benefit
of this time. and the titles, il they must be
examined, looked into while the work is GO
ing on and thus save several years. and
much sickness If the lands belong TO the
United States they ought TO be 5lled and
II they don't belong to the United States
they are a public nuisance and the United
States should NIL them and charge the pro-
pOrtionate costs TO the abutting property
owners.
Necessity for Starting Work.
NO one can doubt the necessity for i'm
mediately starting this important work
from a commercial as well as sanitary
demand. The trade and commerce of the
District of Columbia are growing. and
whariing facilities are inadequate and
taxed beyond their capacity. This improve