Evening star., 1932-03-14
.D|STR|CT-WRG|N|A
BORDER MARKING
IS URGED IN BILL
Smith Calls for Commission
to Definitely Fix Line
Along River.
VAL UABLE PROPERTY
TITLES ARE INVOLVED
Part Of Land Ceded Back to State,
Once Covered by Water,
Now Improved.

Representative Howard W. Smith of
Virginia, member Of the House Dis
trict Committee, today introduced a bill
providing for the appointment of
commission to finally and definitely FIX
the boundary line between Virginia and
the District of Columbia on the Vir-
ginia shore of the Potomac River, in
conformity with the line already estab-
hshed between Virginia and Maryland.
The Smith bill calls for commits
sion OF three members, one to be ap-
pointed by the President, another by
the Governor of Virginia and the third
to be selected by these two. It carries
an authorization of $4,000. Represent
ative Smith explained that a similar
measure has been passed by the Gen.
eral Assembly of Virginia.
Boundary Never Fixed.
''It is surprising fact" said Repre-
sentative Smith, that this boundary
line between Virginia and the District
OF Columbia has never been definitely
drawn. 1t grows out of the circum-
stance that the Maryland and Virginia
line was definitely established until
after those States ceded to the Federal
Government the territory composing the
original District. When the Federal
Government ceded back to Virginia the
portion on the Virginia side of the river
the act merely ceded back the same
territory that Virginia had previously
ceded the Federal Government without
any description of the boundary by
metes and bounds.
The question has been precipitated, {"
Representative Smith explained, by the
action of the Government in bringing
suit against property owners on the
Virginia shore, affecting valuable prop
erty, some of which is highly improved
ana which has been in the possession of
the present owners for many years, but
which at one time, 1t is claimed, was
below h1ghwater mark on the Virginia
shore. For example, portion of the
main line Of the Southern Railway is
involved IN the suits; and other property
Whlcn has filled in, improved and oc-
cupied over a century is involved.
Wants Definite Border.
"The manifest injustice of such an
attempt to deprive private owners of
their property rights, long recognized,
has induced me to bring the matter to
the attention Of Congress in the belief
tnat such an attitude on the part Of
Federal agencies could not be tolerated.
am seeking to have the boundary line
definitely established at the present
low water mark on the Virginia shore.
That this Is the Just and common sense
solution is shown by the fact that this
is exactly what was done by the COM
mission appointed by Virginia and
Maryland to settle the boundary on
the south shore of the Potomac be-
tween the two States. The findings of
this commission" he pointed out, were
confirmed by the Legislatures of the
States.
There is no excuse for a different
boundary between the District of Co
1umbia and Virginia than that between
Maryland and Virginia. Both States
derive their title from the English
crown, the Lord Baltimore grant for
Maryland calling for the farther shore
OF the Potomac, thus including the
river As the District of Columbia
was ceded by Maryland to the Federal
Government, there is no rational ex-
cllse for contending that the Maryland
Snore extended any farther south on
that part of the river within the Dis
trlct OF Columbia than on that part
WITHOUT the District of Columbia.
Once Was MarshIand.
"Many years ago much Of the marsh
and lowland on the Virginia side was
covered by water at high tide. Gradu-
ally much Of this was reclaimed and
then improved. It seems to be asserted
that because of the fact that at one
time these lands were below high tide.
therefore they belong to the Federal
Government, and the real point of the
controversy Is over land between the
present low-water mark and what ap-
pears to have been high mark as shown
on maps of the area made $50 years
ago.
Not only are private titles affected.
but the question of Jurisdiction for the
trial Of criminal and civil matters aris-
ing In the affected area is uncertain.
There are spots on the Virginia side
where II crime were now committed the
question of jurisdiction would be so
serious that the administration of ius-
tice would be seriously hampered if not
prevented"