The Washington times., 1911-01-22

in 1911.
nominal, because Of the failure OF
the company and of its predecessor,
the Great Falls Manufacturing Com
pany, ever 20 exercise their water
rights or to perform any of the func-
tons for which they were incorpo-
rated.
1t seems reasonable these facts
would be given considerable weight
by any court or condemnation jury
before which the case might be tried.
1t also undoubtedly would be noted
that the only time in seventy-two
years that any adverse interests have
displayed activity has been when the
United States has sought to use the
Potomac river as a water supply for
Washington.
Combines Two Projects.
An important feature of the Leighton
plan is the combination Of water supply
and water power projects. Everybody
recognizes that it is merely a question
Of time-and not a very long time.
either-when the city will have TO have
more water. The Leighton plan con-
templates an increased water supply,
along with the development of power
for public lighting. In fact, the water
supply feature is fully as important as
the power feature.
In Mr.. Leighton's report, and in the
accompanying report Of c. Edward
Wright. assistant attorney of the Inte-
rior Department, on the legal side OF the
Great Falls project, the Importance of
providing an increased water supply for
the future is forcefully indicated. Mr..
Wright urges that controversy and liti-
CATION between the United States and
the Great Falls Power Company be
ended for all time by the requirement
Of all water rights by the Government
now.
It is in Mr.. Wright's report that the
remarkable history of the 279-year fight
for possession of Great Falls is re-
corded. So far as known. this is the
only document extant containing COM
plete record Of the dramatic incidents
of which Great Falls have been the
center.
First Interesting Feature.
Inc UISl ItdluI6 VI SO4APSA4AAAS AA4N~-
est in the history of Great Falls con-
Germs the Chesapeake and Ohio Canal
Company. The canal company holds, II
perpetuity, a vested right to use Sc
much OF the water of the Potomac
river as may be necessary to operate
it's canal. No power in the United
States can take that right away, MOI
interfere with its execution. How this
came about is the first link IN the re-
markable chain of modern events per-
tanning to Great Falls.
At the close of the Revolutionary war
Virginia granted a charter to the
"Potowmack Company, OF Whlcn
George Washington was president
This company was given exclusive
navigable rights in the Potomac; II
built 1--WE small canals near Great
Falls, but never accomplished anything
definite in the line of navigation.
On January q, 1924, the Virginia Leg
islature revoked the charter of the
"Potowmack Company and granted
new charter to the Chesapeake ana
Ohio Canal Company, providing thai
the waters of the Potomac should tor-
ever be devoted, first of all, 10 the
maintenance of the company's canal
for navigation purposes.
Has No Other Right.
One fortunate feature was insured by
this broad, everlasting charter. The
canal company was given no other
rights. 1t could, and can, use enough
water to run its canal, but 1t never
could, and cannot now, use any water
for any other purpose.
Now, the peculiar thing about tne
canal company's charter from virginia
was that Virginia had no jurisdlcton
over the Potomac river. Subsequently
it was definitely determined, by agree
ment between Maryland and Virginia
that the Potomac river is part OF MARY
land, the Maryland State line being low
water mark on the Virginia side:
1t is interesting to note that the rea-
son for this final agreement was t ndt
the grant of Maryland land from hlng
Charles to Lord Baltimore, In 1862, IN
cluded the Potomac river, and was tnal-
ly held superior to the grant OF virginia
land from King James II to LORD Cul-
pepper, in 1888, which also included the
river.
didn't have jurisdiction over the 70
Potomac river never bothered the Chesa-
peake and Ohio Canal Company.
Maryland Approves Charter.
This concern went over into Maryland,
and on January 81, 1926, had its Virginia
charter approved by Maryland. Then
it had it's charter approved by Pennsyl-
vania, and on May 3, 1925, had the agree
ment, to which three States and the
canal company were parties, approved
by act of Congress.
This is where the canal company gets
its perpetual right to use enough water
to run its canal. Its charter has been
held by the Supreme Court to be an
agreement between States, which the
Federal Constitution protects from i'm
pairment. AS it stands today-and prob
ably will stand-no power save an en-
envy that might conquer the Nation can
take that right away from the canal
company.
1t is necessary, then, in considering
the usa of Potomac river water by any
body for any purpose, to set aside
enough to run the Chesapeake and OHIO
canal and forget it. It can't be touched.