Evening star., 1936-01-28
virqinia's ENJOYS Protest
Plan at Hearing on
Report.
MOVE TO QUIET TITLE
FEARED BY MlCHENER
State Valves Rights to Columbia
and Roosevelt Islands During
Arguments.

Virginia District OF Columbia pOun-
dairy controversy.
A suggestion that such course be
taken previously had been made by
representatives of the Federal Govern
ment. but Virginia interposed strcnu-
Gus objection to the plan at hearing
before the committee today on the
Smith bill to ratify the District of
Columbia Virginia Boundary Commis-
sion report. Chairman Hatton w.
Summers of the Judiciary Committee
inquired if it were not fact that any
action by Congress would bind the
Federal Government for all time, but
would in no way affect the legal right
of private owners in Virginia Repre-
sentative Michener of Michigan asked
former Virginia State Senator Frank
L. Ball, appearing for the Common
wealth, If the Smith bill is not intended
ito quiet the title of those people
owning property over there?" Ball
admitted it would have that effect.
Michener objects.
II can't see that it is the function Of
Congress-" Michener asserted, Ito be
trifling with the legal rights of private
patentees."
Michener referred to Balls state
ment to the committee earlier that he
represented not only the interests of
Virginia, but the private interests of
several Virginians who had patented
land in the Reaches Run area in dis
v,,,ta ord eddad. UCor,,aho<31, je da>plv
interested in getting those titles set
tled-somebody owns that land in
controversy"
Ball told the committee that vir-
ginia contends it has established
sovereignty rights to lower water
marks on the shore of the Potomac
River by right of prescription" in
spite Of the fact that the original
Lord Baltimore charter fixed the
boundary as the high water mark.
He said the Federal Government S
claim that the Supreme Court twice
has upheld the high water mark
boundary Is unsound, because in both
deeisians the court did not hear Vir-
ginia D sside q the case. Thomas N.
Settle, secretary of the National Park
and Planning Commission, told the
committee the Federal Government
wanted the courts to settle title rights
In the disputed territory and that
when this Is done the Government
is willing to attempt to reach an
agreement with Virginia on q bound
ary line Of convenience"
Virginia today waived any rights to
Roosevelt or Columbia Islands implied
under the District of Columbia-V -Vir-
ginia Boundary Commission report.
Disagreeing with an Interpretation
placed upon the report by the Federal
Government, representatives of Vir-
ginia told the committee they have
no desire of securing jurisdiction over
either island or the Mount Vernon
Boulevard improvements made on
Columbia Island.
Recommendation Defended.
! Led by Representative Howard w.
Smith, Democrat, of Virginia, the
forces from the Old Dominion vigor-
ously defended the commissions rec
cmmendation that the boundary be-
tween the District of Columbia and
Virginia should be the low-water mark
on the Virginia shore Of the Potomac
River, except at inlets and creeks.
where q headland to headland line
should be drawn. Z
W Federal attorneys and park officials,
At q hearing on the bill last week,
declared the low-water mark plan to
be contrary to two United States Su-
spreme Court decisions which have
held that the District boundary is q
shigh-water mark on the Virginia
shore Is it existed in 1891. The De-
partment of Justice is resisting the
commissions report on legal grounds
and the National Park Service and
National Capital Park and Planning
Commission are attacking 1t because.
they assert, the low-water boundary
would seriously impair the Govern
ment's park and boulevard develop
snnent program across the Potomac.
u. S. Presents Map.
The Federal Government presented
10 the committee a map indicating
that the commission intended the
boundary to extend along the Wash
lngton side of Roosevelt and Colum-
bia Islands, but the Virginia dele
saeAtion today submitted a map In
terpreting the commissions boundary
rs extending along the Virginia shore
Hof Little River and along the edge
Of the Washington-Ho Hoover Airport,
leaving the two islands and the water
separating them from the airport and
s0ther Virginia property within the
sJurisdiction Of the District Of Co.
1umbia.
From . point near the Highway
Bridge the Virginia map showed q
line drawn eastward to the Reaches
Run area, where 1t dipped inland and
parallel to the Mount Vernon Boule-
ward 100 feet inside the Reaches Run
ird sanctuary. Beyond the sanctuary
the line curved out again to the shore
And followed the low-water mark tc
4he inlet Of Four-Mile Run, where q
straight line was drawn from head
land to headland across the inlet.
supporting Representative Smith In
defense Of the commissions findings
sRere the Virginia attorney general
"a. p. Staples; Lawrence w. Douglas
5Commonwealth attorney Of Arlington
County, and Ball, special attorney for
the county In the boundary proceed
inss. A group Of Arlington County
civic and business interests attended
today's hearing.
s, Ancient Temples.