Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-20
Strip Along Stream Which Has
Been Made Probably
Nations Property.
REAL TITLE TO THE TRACT
UNDER INVESTIGATION
If Right Is Asserted, Government
Must Prove Former Navi-
gability of Waterway.

Was Rock creek navigable at the time
District of Columbia?
Is certain land along the line of that
creek, between NJ and streets. claimed
by private parties, of sufficient value for
the purposes of the government to justify
the expense which would attend the legal
action necessary for the recovery of the
same?
These two questions. having a direct
bearing on the projected Improvement of
lower Rock Creek valley were submitted
to the War Department by Attorney
General Wickersham a few days be-
fore the close Of the Taft administration
At the instance of Gen. Bixby, chief of
engineers, Col. Langfitt, the engineer Of
fcer in charge of river and harbor i'm
provements in this vicinity. has been di-
rected to investigate and prepare a re-
port in answer to the inquiries made by
the Department of Justice.
Land Strip Created.
Recent surveys under the direction of
the commission to investigate the title
of the United States to lands in the Dis
trict of Columbia said the Attorney
General in his letter to the Secretary of
War. "show that narrow strip Of land
has been created by dumping on the bed
of Rock creek. west of the position of
the original eastern shore line of the
creek as the latter is shown by early
maps of the city Of Washington"
This made land, explains the Attorney
General has a width of sixty-three feet
on the north line of M street, and varies
in width from fifty feet on the south line
of N street to- lesser widths TO point
eighty feet west of the west line of I'D
street. From that point to P street,
which, the Attorney General says. lis be-
lieved to be the limit of the navigation
to be substantially unchanged except for
possible erosion" According to the At
torney General the figures given ap-
proximate total of "a, 900 square feet of
made land on the eastern side OF Rock
creek within the described limits.
Claim Based on Tradition.
''The proposition that Rock creek was
navigable stream" says the Attorney
use by vessels Of considerable draft, and
the enactments Of the Maryland legis-
lature and ordinances of the town of
Georgetown. Inquiry at the office of the
engineer of the United States Army in
charge of this district developed the
fact that Rock creek had been previous
ly regarded by that office as tributary
to a navigable stream rather than as a
navigable stream. In order to assert the
right of the United States to the land
described herein 1t will be necessary to
establish the fact of the navigability OF
Rock creek at the time when the United
States acquired it's title in the District
of Columbia. This and other aspects OF
the situation indicate that a considerable
expense would be necessarily incurred In
the assertion of the rights of the United
States. Ts -
Inquiry Is Requested. j
Owing to the comparatively small total
of land affected the advisability OF such
expense seems doubtful unless the land
which may be recovered can be put to some
extraordinary use, as a result Of which
considerable benefit or saving of money
would accrue to the United States. I'M
derstand that the proposed connection be-
tween Rock Greek and Potomac parks
would follow a course approximating that
of the land herein described (between M
and P streets), and IL this land can be
utilized in connection with the project
named an effort to reclaim ii on behalf
of the United States may be found de-
sirable. Before authorizing the proceed
ings to recover this land, 1t seems desir-
able that your department should exam
inc with a view, first, of determining
whether any of II 1t unoccupied or UNI
claimed, SO that 1t might be fenced or
posted as property of the United States,
and, second, as to such portions OF the
land as may be claimed by private per-
sons whether it has sufficient area and
is in such location that it's recovery would
be desirable in the interest of the United
States, having in view, the probable ex-
pense incidental to efforts for such re-
covery."
Question as to Allowance.
Correspondence has passed between the
Attorney General and the Secretary of
War also with respect to certain tenders
made to purchase the rights of the United
States on the water fronts of the Poto-
mac river and Rock creek. These tenders
were made to the Attorney General as
chairman of the committee to investigate
the title of the United States to lands In
the District of Columbia. The Attorney
General wrote to the Secretary OF war on
the subject, saying that a question mad
arisen as to the amount which properly
should be allowed to private persons Tor
making lands on the beds OF the Poto-
mac and Rock creek as the lands now
exist. He said that II had been suggested
that an allowance of between "A and 20
cents per square foot should be made as
compensation for these improvements.
but that he was unwilling 10 accede
finally to that suggestion without having
definite technical advice on the subject
He therefore asked that the United
States engineer officer for this district be
requested to furnish an opinion as to the
cost of the construction OF the land In
question; also that he be asked to esti-
mate the actual cost Of making the land
as well as to state the probable cost to
the United States of making similar i'm
provements at the present time.
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