Evening star., 1936-01-30
PARK COMMISSION
BACKS DELAN0 IN
BOUNDARY BATTLE
Representatives Directed to
Continue Fight on
Report.
Federal UNIT OFFERS
VIRGINIA NEGOTIATION
Willingness to Agree Upon "Line
of Convention" Announced by
Y Justice Department.

The National Capital Park and
Planning Commission today directed
its representatives before the House
Judiciary Committee to continue vigor-
Gus opposition to recommendations of
the defunct District of Columbia
Virginia Boundary Commission for a
low-water mark boundary on the Vir-
ginia shore.
The commission approved the fight
already made on the commissions re-
port by Frederic A. Delano, chairman
Of the commission: Thomas S. Settle,
commission secretary. and other pa!k
officials, holding that the Government
should not surrender its rights to cec-
tain territory across the Potomac being
developed for park and boulevard pur-
poses. Public hearings on the report
ended yesterday.
Negotiation Offered.
Meanwhile the House Judiciary Com
mittee hao before 1t for decision offers
OF the Federal Government and Vir-
ginia to negotiate on proposed
boundary line between the District OF
Columbia and Virginia that would
differ in its meanderings from the dis
puted high-Water mark boundary line
called for by the Lord Baltimore
charter of 1882.
The original true" boundary line
along the high-water mark on the
Virginia shore long since has changed
by natural accretion and artificial
fills. Virginia has exercised certain
prescription rights which also would
alter the boundary.
While refusing to waive any legal
the original charter of Maryland, the
Justice Department has informed the
committee it is willing to agree on
cline of convention" that would take
into consideration natural artificial
and other changes wrought in the
shoreline since the time of Lord Balti-
more.
u S. Fights Proposal.
Because it must insist on its charter
rights. the Federal Government will
oppose to the last adoption Of the
District of Columbia Virginia Boun-
Diary Commission recommendation for
an arbitrary" true boundary line
along the low-water mark and from
headland to headland across creeks
and inlets, the committee has been
informed. Such a definite fixing Of
the true" boundary, the Government
said, would upset Supreme Court de-
cisions and "rob" the Federal Govern
ment Of valuable land now being
developed for park and boulevard pur-
poses.
The convention" boundary line, on
the other hand. would settle juris.
dictional disputes henceforward. but
would not deprive the United States
automatically of what it considers its
''rightful property" The Govern
ment, in agreeing on such line. has
stated its willingness to compromise
with private owners in certain areas,
such as Washington Airport, but will
proceed with court action against
patentees Of submerged land in the
Reaches Run area.
<1oodllCQ Wy t4lC + C0C1 al 0OtC4 1AluC1lt
and defended by Virginia, the Boun-
Diary Commission report rested in the
hands of bewildered members of the
Judiciary Committee, as they pom
dered what to do with it.
Conservation Units Join Fight.
The Justice Department, National
Capital Park and Planning Commits
sion, National Parks Service, the
United States Engineers Office and
two conservation societies have joined
In demanding summary rejection Of
the report by Congress.
The State of Virginia, the County
Of Arlington, the city of Alexandria
and private property owners on the
Virginia shore of the Potomac River
have urged the committee to adopt
the report and seek its ratification
by Congress.
Ending three days of hearings, dur
ing which Representative Howard w.
Smith, Democrat, Of Virginia, who
sponsored the report, and Delano
engaged in verbal pyrotechnics Of
personal nature, the committee began
q series of executive conferences today
with q view to reaching decision.
The issue seemed to have been
boiled down to q question of Shall
the District of Columbia Virginia
boundary line be the present low
water mark on the Virginia shore, as
recommended by the commission, or
the high-water mark as it existed in
1791, as contended by the Federal
Government"