Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-06-26
COURTS TO DECIDE
Bill Before Senate Regarding
District Land Titles.
CLAIMS BY UNITED STATES
Lands Bordering on Waterways in
Controversy-New Method Of
Condemnation Proposed.

Senator Gallinger this afternoon report
ed the recommendation OF the Senate Dis
trict committee for the passage OF the
bill which provides for trying out In the
courts the ownership Of lands bordering
on the waterways in the District. which
the United States claims title to- 1t also
provides a new method OF condemnation
proceedings when land is to be acquired
by the government.
A similar bill was favorably reported to
tho Senate last session, but was not
acted upon. It was prepared by the COM
mission appointed to investigate the title
of the United States to lands in the Dis
trict and has the approval Of the De-
partment Of Justice.
Objects Of Legislation Explained.
A letter from the Department of JUS
tice, which the committee presents with
it's recommendation for the passage Of
the bin explains the object of the legis.
lation. as follows:
The historical facts indicate. and the
Supreme Court has decided. that 1t was
the intention, when the city Of Wash
ington was laid out, that the entire
water front should be preserved Tor the
use OF the people Of the city in general.
After protracted litigation. the claims OF
private persons to control a very large
proportion Of the Potomac river front
were denied and the title held to be In
the United States portion OF the 70.
tomac river front west OF 2tn sIreet
from street to I street, and OF the ROCK
creek from west of 18th street between
I and K streets, Is now in similar con-
dition as to title as was the whole OF
the Potomac river front prior to the de-
cision of the Potomac fats case.
by section / OF the bill the method OF
procedure followed in the Potomac flats
case is authorized with reference to the
remainder OF the water front of the city
OF Washington, and sections 3, 4. 8 and
are identical with the sections IN the
1889, comforting equitable jurisdiction on
the Supreme Court of the District OF Co.
lumbia and prescribing the details OF pro-
cedure in the suits to be brought under
the authority Of section l. The questions
affecting the portions of the river and
creek front hereinbefore described are al
most identical with those settled In the
Potomac flats case, and the value or the
land affected as a means of connection
between the Potomac Park system and
the Rock Creek Park system is so great
that no right Of the United States could
be allowed to lapse or be jeopardized
without expensive results. While within
this portion of the city 1t may be found
that certain private rights have accrued.
the underlying property rights of the
United States are such that the procedure
recommended seems to be not only that
best calculated to determine the respective
rights Of the United States and private
parties but that which seems absolutely
essential for the proper protection Of the
interests of the United States.
Debated for Many Years.
ssrhA n,,esfion NJ titla on tha Anacoetia
river front from the southern terminus
of the land affected by the Potomac
fats case to the northern limit of the
bated for many years and the property is
in a condition as to title which is almost
chaotic. There seems to be no doubt that
the original commissioners intended, az
previously stated. to reserve the water
front for the general use. They appar-
emily found. however, that the pressure
from persons Of influence was too great
to enable them to carry out their inten-
tons inf1exibly, and partly with the con-
sent, actual or tacit, of the original COM
missioners, and partly by the unopposed
irregular action Of individuals, certain
structures have been built on the soil OF
the Eastern branch, its shores and ad-
joining land, and certain claims Of owner
ship have been and continue to be made
Wnlcn, according 10 tHe IdcLS as tHey
now appear. and in the light Of the Poto-
mac flats case. seem to be encroachments
on and denials OF the property rights OF
the United States.
THE property on the Potomac river
Anacostfa river and Rock creek affected
by section l of this bill is OF very great
importance. and seems likely ultimately
and in any event to be acquired by the
United States for public improvements
The property on the Potomac river and
Rock creek is directly in the line Of q
proposed extension between the Potomac
system. and the property on the Ana
costa river would have to be acquired
by the United States in order to carry
out any comprehensive plan OF improve
ment Of the shores and lowlands OF that
river