Evening star., 1935-09-15
EXCHANGE Of LAND
MAY END DISPUTE
over BOUNDARY
U. S. and Airport Owners
Would Negotiate Trade
Under Proposed Plan.
FEDERAL GOVERNMENT
WOULD GET PARKWAY
Virginia Would Gain Right Of
Sovereignty, With Taxing
Powers Over rs Acres.
BY REX COLLIER.

BY hEA COLLlEh.
Agreements "out of court" may re-
lieve the Virginia District of Columbia
Boundary Commission of the neces-
sity of passing on the centuries-old
question of whether the D. C.-Virginia
line follows the high or low water
mark on the Virginia shore of the
Potomac River.
Following closely on stipulations
which ended the controversy between
the Federal Government and the City
of Alexandria over shore rights along
the Alexandria water front, strong in
dications were developing yesterday
that the major question of Washing
ton-Hoover Airport sovereignty will
be settled by agreement.
Under the proposed agreement the
United States and the owners of the
airport property would negotiate an
exchange of land, whereby the Gov
ernment would relinquish claim to
several score acres north ana west of
the main landing field in return for
land skirting the Mount Vernon Me-
mortal Boulevard. The areas for ex-
change would be designated after con-
ferences.
This exchange would give the Gov
ernment what it has been fighting to
secure from the outset of the bitter
boundary diSpute-control OF land
bordering on the Mount Vernon road
and the parkway development on the
Virginia shore.
virginia Would Gain.
Negotiations looking toward such
an agreement are said to be in i'm
mediate prospect. Virginia would not
be party to the exchange, but the
State and Arlington County in par
ticular would gain what they have
been battling for in the boundary
hearings-retention of sovereignty,
with taxing powers, over some rs
acres of valuable land which once
now is valued at more than a million
dollars and provides Virginia with
thousands of dollars in revenues.
The boundary commission probably
would welcome the opportunity to
pass over the water mark problem,
which has plagued legislators. jurists
and other officials sporadically since
signing of the Calvert Charter of
1882. Three times the United States
Supreme Court has been called upon
to rule upon the boundary, and each
time it has held that the jurisdiction
of the District of Columbia extends
to the high water mark on the Vir-
ginia shore.
Hold Decisions Not Binding.
Representatives of Virginia have
argued before the present commission
that since Virginia was not a party to
the cases in which these rulings were
made. the court did not have an op-
portunity to hear Virginia's side and
that the decisions are not binding in
the present mediation. Virginia in
sists the boundary is the low-water
mark, and it has cited the West Vir-
ginia- Maryland boundary decision In
support Of the low-water line theory.
The commission in that case voted two
to one in favor of low water-but the
Government contends that since the
river at that point is beyond tidal in
fiuence. the principle Of low and high
water marks did not apply.
The District of Columpia's side in
the hearings now under way is being
presented by attorneys for the Federal
Government. assigned to the case by
the Department of Justice. The Gov
ernment has made vigorous stand
in support of its argument that the
mark should apply-and
that what is now part of the airport
once was in the bed of the
(See BOUNDARY. Page g.