Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-12-05

the owners. in trust for that purpose. The
city OF Washington had Its origin in
these deeds Under the trusts declared
10 them, the President was empowered
to formulate the plan of a federal city.
and it was provided that title to the
streets OF the city should be vested in
the United States in fee simple.
The plan adopted by the President
brought the city to the waters edge, and
exhibited street along the margin of
the rlves. as the owner of which. If it had
been laid out, on the lands conveyed. as
| contemplated by. the deeds and by the
pan the United States would have be-
come the riparian owner.
IN CARRYING the an into effect on the
ground the authority Of the Commission
ers was confined to the upland They were
invested with no authority to lay out
river.
The acts of Congress of 1870 and 1871
We them no power to appropriate lands
the title to which was in the United
states. and the deeds in trust did not and
could not confer such power upon them.
The state Of Maryland. after the ces-
sion, had no power or jurisdiction to
appropriate or provide for the appro-
priatlon or the soil of the river for wharf
ing or other purposes. Congress only
could EXCISE that power. So much of
the MARYLAND act of 1891 as gave the
commissioners authority to license the
ouhAlhS VI Wudl-NcS III the waters Oh luS
Potomac and Anacostia rivers was there
fore, ultra wires, and the wharfing regu-
latlons. issued by the Commissioners and
based upon 1t, were void.
The Commissioners disregarded the plan
adopted by the President and its pIin-
cipies in aging out the city along the
shores Of the Anacostia river. The city
as it should have been laid out along the
river is shown on Exhibit No. 1. being
a section of the plan adopted by the
President, and the city as 1t was actually
laid out along the river by the Commits
sioners is shown on Exhibit No. 2, be-
ing section of a plan, based on returns
of surveys prepared in 1877 in the Com
missiOners' Office.
The Commissioners did not lay out the
street along the margin of the river. as
called for by the plan, thus depriving the
United States, SO far as It was in their
power to do sos Of the riparian ownership
which it was intended by the plan that it
shou possess.
They laid out squares bounded on all
sides by streets, partly on the upland Dor
dering on the river. and partly on land
| under the waters Of the river, which be-
longed to the United States.
They laid out squares bounded on all
sides by streets and wholly on land under
| said waters. which belonged to the United
States.
They laid out squares, with boundaries
on the sides, which projected indefinite Y
into the waters Of the river and apparent
! ly intended to extend to the navigable
channel.
And, although title to such submerged
land was absolute in the United States.
| they subjected it to the provision OF the
deeds for "a fair and equal division" be-
tween themselves and the original pro-
prietors of the upland.
They permitted and authorized the erec-
ton of wharves and buildings in the
waters of the river.
These acts were done without authority
and they afford valid
foundation for claims Of title to the sub
merged and by private persons as against
the United States.
The commissioners were arbitrary ana
Inconsistent i'm their rulings as to what
constituted water property" although
without authority whatever in the mat
ter. Lots situated in particular manner
with respect to the water were held to
be entitled to the privilege OF WEARING
while other lots, similarly situated. were
held not to be SO entitled.
The confusion and uncertainty as to
rights and titles along the river front
of the city on the Anacostia Is due 10
the unauthorized acts of the commits
sioners.
The late corporation Of the city Of
Washington was invested with certain
powers over wharves by the first legis-
lation of Congress on the subject. The
power to license the erection Of private
wharves was not included In such
powers. and the. power was not granted
to the District governments created by
the acts of 1871, 1874 or 1878. and it was
not vested in the District Commissioners
by the act of March 3, 1893.
From the beginning OF the city. there
fore. there has been no private wharf on
the Anacostia river having the authority
of an act of Congress Tor It's erection ana
maintenance.
Plenary power over the matter Of public
wharves was granted to the city OF WASH
ington by Congress. and under the act
l. I'D fhn &C.
sioners Of the District.
Sewers.
The total length Of sewers constructed
during the year was about twenty-three
miles, The total length Of sewers in the
District Of Columbia on June 30, 1911.
was 59O62 miles: Of this, 1890 miles
are main sewers and 1858 miles are pipe
sewers. The total cost of the sewerage
system to June 30, 1910. was $11,2O4,-
70. The cost of the sewage disposal
system to June 30. 1911, was "a. 146.22S.O1.
Sewerage Pumping Station.
The sewerage pumping service was
operated without interruption during the
year, taking the sewage from substan-
TALLY the entire District and delivering
it to the outfal1. The total quantity OF
than 44.3OO,OOO,OOO gallons and by the
storm-water pumps about 7OO.OO0.OOO gal
Ions. The amount of coal used was
$500, 900 pounds. This sewage is deltv-
cred at the outlet on the Potomac river
about opposite Alexandria. The exam
nations Of the water In the vicinity OF
the outlet during the year indicated that
its condition was excellent.
Stream Pollution.
In the last annual report OF the Com
missioners attention was invited to
the subject of the pollution of Rock
creek and the Anacostta river
from sewage from towns In the
state of Maryland adjacent to the
District of Columbia The matter has
since been taken UP with the Maryland
state board of health, and it is believed
that its active cooperation has been Sc
cured. It Is hoped that a report con-
tanning the form of legislation to be rec
commended to prevent this pollution in
the state Of Maryland and In the District
of Columbia can be presented during the
present fiscal year. While the methods
of protecting these streams from pollu-
ton are clearly defined. the method OF
procedure and the form of legislation. TO-
aether with the method Of organization
and control necessary to first construct
and then operate the sewerage works De-
yond the limits of the District, are ex-
ceedinRly difficult and complicated. 1t Is
important, however, that the matter De
given consideration without further de-
lay.
Suburban Sewers.
H. k-3N