Evening star., 1934-12-20
w. c. Cloth of Commission
and H. H. Classic En-.
gage in Argument.
GOVERNMENT EXPERT
HOLDS MAPS IRRELEVANT
Declares II Do Not Intend to Try
virginia's Case'-Compro-
mise Is Reached.


of the Boundary Commission and a
representative of the United States
in the Virginia District of Columbia
boundary dispute enlivened the pro-
ceedings today as the Government
was presenting its case.
william c. Cloth of the commission
tangled with Henry H. Classic, repre-
senting the Government. over a re-
quest to produce old maps examined
by the Governments expert map
maker but not used.
Interrupting each other frequently
and speaking in raised voices, Cloth
insisted that the maps be produced
and Classic insisted that he would
not produce them. holding them ir-
relevant.
Compromise Is Reached.
"I do not intend to try Virginia S
case for it," said Classic.
Il am not used to being spoken to
in such manner" said Cloth.
The controversy delayed adjourn
ment for 20 minutes, during which
the commission sustained a request
by Attorney General Abram p Staples
of Virginia that the maps be pro-
duced. A compromise was finally
reached under which attorneys for
the opposing sides agreed to get to-
getner during the recess and see
which of the old and discarded maps
could be located.
Todays proceedings opened with
Charles D. Cook, formerly a drafts
man with the National Capital Park
and Planning Commission and now
instructor in civil engineering at
George Washington University, on
the stand under cross-examinatlon by
Senator Frank L. Ball. representing
Arlington County.
Three Sections of Map.
Cook made three sections of a map
purporting to show the high-water
mark on the right bank of the
Potomac opposite the District as 1t
stood in 1871. Senator Ball brought
out, however, that the map drawn by
Cook, was substantially identical with
the Coast and Geodetic Survey map
of 1863. Cook said that the Andrew
Ellicott map of 1871 was used for
reference but that it was impossible
to reproduce its outline to scale since
the old map gave no control points" !"
Most of the present shore line Cook
said, was taken from the 1858 map,
some of it from the Maskell Ewing
map of 1887 and these were compared
nf "a
Ellicott map of 1871.
"What Is an Island?"
The solemn question What is an
island?" occupied the attention of the
experts for an hour at the session
of the commission yesterday.
Col. Lawrence Martin, chief of the
division of maps of the Library of
Congress, said that it was a body of
land surrounded by water at its
highest stage.
ritory of Columbia" made in 1893,
shows "Alexander's Island" in the
"Potomak River" just off the shore
of Virginia where the Highway Bridge
now crosses. Between the island
proper and the mainland is a symbol
for a swamp.
Interpreting the map, Col. Martin
said that undoubtedly from the con-
flguration of the land shown the
island was an island because it was
entirely separated from the mainland
at highest water. Attorney General
Abram Staples of Virginia said that
the map showed the island as part of
the mainland, and promised later to
introduce evidence to show that in
many other such situations parts of
the mainland were called "islands"
years ago.
There is no island there now, in
any sense, and Virginia and the Dis
trict are each claiming the filled land
between the mainland and the old
boundaries of the island, where part
of the airport now stands.
Ancient Maps Shown.
The Governments case, put in by
Henry H. Classic, special assistant to
the Attorney General, started with the
Ellicott map and several other ancient
maps. A survey of the high-water
mark was made in 1880 and 1881, and
the Governments contention is that
the high-water mark as shown in the
old maps and as it is today are prac-
tically identical, save for the filled
land.
Alexandria City's case, of which an
outline was put into the record by
City Attorney Carl Budwesky yester-
day, will claim boundary extending
out to the ends of the bulkheads in
Alexandria Harbor. This is the most
extensive claim among those of the
Virginia subdivisions.
THE City of Alexandria has been
an incorporated municipality since
1748," said Budwesky's outline. "Since
that ancient date until the very
present, whether it owed its existence
to an act of the Commonwealth of
Virginia or of the Congress of the
United States, the legislative govern
ing body of this city has been vested
with Jurisdiction and control over the
harbor of Alexandria to the Port
Warden's line, and has always openly
and notoriously exercised that jurisdic-
ton"
Since its incorporation by the Vir-
ginia General Assembly in 1748. and
its charter from Congress in 1904, as
amended in 1926, he said, all new
charters for the city have included
the ancient rights to regulate wharves
and bulkheads built into the Potomac
River, which have been extensively
exercised for $50 years.