Evening star., 1935-12-09
District.Virginia Boundary,

The perennial question OF what con-
stitutes the boundary between the Dis
trict of Columbia and the State of Vir-
ginia was referred by an act of Congress
in 1882 to commission, on which were
representatives of both Virginia and
the United States. That commission,
after long inquiry, has reported. It's re-
port is such as to assure further atten-
ton, mainly on the part of the United
States, and thus the prospect OF an early
settlement of this disputed question is
not in immediate prospect The COM
mission in it's findings has rejected claims
of the Government to a large section OF
the area in question, including the WASH
ington Airport and that of nearby prop
erty, which is valued at more than ST.
100000. The Governments contention
in this matter, supported by three rul-
ings by the United States Supreme Court,
is that the boundary is the high water
mark on the Virginia shore.
The commission holds that the "fair
and proper boundary" is the low water
mark on that shore. running from head.
land to headland across creeks and in
lets, citing other Supreme Court cases in
support of that contention. One eXcep-
ton is made to this principle in respect
to the area which comprises the inland
basin that has been developed as bird
sanctuary, where the commission recon-
mends that the boundary line be drawn
$50 feet west of the Mount Vernon
boulevard and running parallel to it.
The public park authorities estimate that
the boundary proposed by the commits
sion's finding would deprive the Federal
Government of jurisdiction over ap-
proXimately 284 acres of submerged land
and some made land" over which juris-
diction has been claimed for park and
boulevard purposes.
This commission has been taking tes-
timony and hearing arguments since
March, 1884, and it would seem from
the contentious of the representatives
of the Park and Planning Commission,
which has represented the Government
as party to the case, that the prin-
ciple of possession and improvement has
not been followed in this final finding.
The original District of Columbia in.
cluded considerable portion of Virginia
territory. When that portion was retro
ceded to the State the principle of high
water mark" was supposedly adopted as
marking the new boundary line, the
District thus extending across the Po-
tomac to the Virginia shore. The lands
lying between low water mark and high
water mark were unimproved, were, in
fact, mostly submerged, of no value and
indeed menace to health because of
the noxious influence of the marshes of
which they were mainly comprised. The
river Improvements corrected this condi-
ton and the lowlandS were filled by the
Government. From time to time i'm
provements have been made in that
area, notably and chiefly the develop
ment of park conditions, climaxing in
the establishment of the Mount Vernon
Memorial Highway. together with the
development of Columbia Island and
latterly Analostan, or Masons Island,
now Roosevelt Island. Other areas re-
claimed from the marsh have passed
into private possession.
final definition of this matter must
soon be given. Congress has referred the
case to commission, and the commission
has reported in terms which will lead to
further diSputation. Would another
reference to second commission, if this
further report is not accepted by Con-
gress, lead more assuredly to final de-
cision? That question complicates a
condition which is now to be met in the
consideration of the present report at
the coming session.