Evening star., 1935-12-08
i. S. WILL CONTEST
BOUNDARY RULING
Fight Planned in Congress
on Proposed Loss of
Park Development.

Aroused over the setback given the
Government in the park development
program on the Virginia shore of the
Potomac River, Federal officials made
it apparent yesterday they are grid
ing for a vigorous fight before Con-
gress against ratification Of the Dis
trict of Columbia Virginia Boundary
Commissions ''low-water mark"
boundary proposal, disclosed yester-
day in a lengthy report.
The commissions report, which was
published as a public document"
yesterday despite efforts of the three
commissioners toTkeep their findings
secret until Congress conyenes. fatty
rejected claims of the Government to
. large section Of the Washington
Airport and other nearby property,
valued at more than $1,000,000.
Contradicting the Government's s
contention-supported by three United
States Supreme Court rulings-that
the boundary is the high-water mark
on the Virginia shore, the commits
sion, said it is "of the opinion that
the fair and proper boundary is the
low-water mark on the Virginia shore.
running from headland to headland
across creeks and inlets." The COM
mission cited other Supreme Court
cases to back its low-water mark
theory.
One exception was made to this
boundary principle. Where the Mount
Vernon Boulevard crosses Reaches
Run, forming an inland basin that
is being developed as q bird sanctuary
the commission, with acquiescence OF
Virginia, recommended that the
boundary line be drawn $50 feet west
Of the boulevard and parallel to it.
Even with this concession, park Of
fcials assert, the Federal Govern
ment will; be deprived of Jurisdiction
over most of the bird sanctuary, on
which $4,000 already has been ex-
pended.
The effect of this arbitrary line
across Reaches Run, which the COM
mission explained was drawn "as a
matter Of practicability," would be to
GuSLd1ll IIlC CldlIlIo W WIG P4OPSAby Va
private patenteeS who acquired the
submerged area as waste property
some years ago for rs cents per acre.
A suit, claiming jurisdiction over
the bird sanctuary site, was filed in
District Supreme Court by the United
States prior to appointment of the
boundary commission, but the litiga-
tion was held up, pending the COM
missions decision. The patentees
named as defendants are Judge Will
liam P. WoollS of Alexandria, Edward
Duncan Of Arlington County and Rob-
ert r. Dye, superintendent of Arling-
ton National Cemetery.
Uses Smith Bill Principle.
One official pointed out yesterday
that the commission adopted, in gen.
eral, the boundary principle embodied
in a bill introduced in 1882 by Rep
1t was this bill which led to creation
of the boundary commission. In op-
posing the. Smith bill, T. S. Settle,
SECRETARY of the National Capital Park
and Planning Commission, told the
District Committee of the House:
THE law Is that the boundary line
runs to the high-water mark on the
Virginia shore and every cove and
indentation running to the high-water
mark Of the Virginia shore now belongs
to the United States. So if Congress
passes this headland-to-headland bill
1t will turn over to private individuals
hundreds of acres that the Govern
mant now owns, and therefore the
Bureau of Public Roads and the Ma
tional Capital Park and Planning
Commission will have to come to Con-
gress for additional funds to buy back
those acres"
Apparently the same dilemma would
confront the Government If the rec
concentrations of the commission are
ratified by Congress and by the Vir-
ginia Legislature.
Sought to withhold Report.
The lengthy report was submitted
TO the Speaker of the House on No
vember 80, when the commissions life
expired, but DR.. Charles II. Brough,
chairman Of the commission, and his
fellow commissioners, Malcolm 8. Nc
Conihe and william G. Cloth, had re-
fused to make the report public. They
still held to their contention that they
were without authority to make the
findings public afer copies had been
given out in other official quarters as
public documents"
Federal authorities yesterday pored
over maps of the disputed territory,
but expressed their confusion as to
Just where the new line should be
drawn, under the commissions recon-
One theory was that the headland-
to-headland theory might mean the
removal of Roosevelt and Columbia
Islands from Federal jurisdiction. The
consensus, however, was thai the COM
mission intends the new boundary to
run west of the boundary channel,
which separates Columbia Island from
the mainland, and Little River, which
Is between Roosevelt Island and the
Virginia mainland.
Would Parallel Boulevard.
8 The line then would follow the low
water mark along the Virginia MAIN
land, past the present airport and in
land across the old Alexandria pike
to point just beyond the railroad
bridge, where it would begin to parallel
the Mount Vernon Boulevard at q
distance Of $50 feet toward the bird
Beyond the Reaches Run
area the line would swerve back to
the low-water mark and follow the
shore to Alexandria, except at Four
Mile Run, and at several inlets further
south, where it would Jump from head
land to headland.
Park authorities estimated yester-
day that this course would deprive
the Federal Government Of approx
mately 2s4 acres of submerged land
and some made land" over which it
hoH nIoivaaTa SYrr}rdin nki,,. Co. ,.art. 4, -. 4