Evening star., 1936-01-24
BOUNDARY REPORT
DEFENSE PLANNED
Smith Calls States Attor.
ney General to Appear
at Hearings.
BY REX COLLIER

Battered by concerted assault OF
Federal officials. who appeared before
the House Judiciary Committee yes
terday, the much controverted District
of Columbia Virginia Boundary Com
report today faced an uncer-
tain future, as Virginia marshaled
legal forces to defend it.
Representative Howard w. Smith.
chief sponsor of the commission and
author Of a bill to confirm its recon-
mendation for "low-water-mark-
MISUNDERSTANDING boundary across
the Potomac from Washington, today
was arranging for the early appear
ance before the judiciary group Of
Attorney General Staples Of Virginia
and other defenders of the commission.
Smith himself ran afoul Of some Of
the brickbats hurled at the commits
sion and its findings yesterday. Fred
eric A. Delano, chairman of the Ma
tional Capital Park and Planning
Commission. charged that Smith is In
"the embarrassing position" Of rep
resenting influential constituents, who
are demanding all they can get from
the public treasury"
Report Is Attacked.
Department Of Justice representa-
tives turned loose a barrage of verbal
fireworks on the commissions report,
which was termed revolutionary,
arbitrary" "capricious" and contra
dictory to decisions Of the United
States Supreme Court"
The Federal Government has made
it plain it will fight the commissions
recommendations to the last ditch,
claiming that the evidence before the
commission proved the proper bound
ary line between the District and Vir-
ginia is the high mark on the Vir-
ginia is the high water mark on the
Virginia shore as it existed prior to
reclamation operations in the airport
and Reaches Run areas.
A detection in the Virginia ranks
appeared yesterday afternoon when
Carl Budwesky coporatioi counsel OF
Alexandria, told the committee. in
response to questioning, that he is Of
the opinion the Governments con-
tention for a high-water boundary
line is proper. Budwesky had asked
the committee to ratify stipulation
between Alexandria and the United
States for settlement of Alexandrias
water front rights. The committee
brought out that this stipulation rec
ognized the high-water mark theory.
Defense of Findings.
When the hearing is resumed in q
few days, a defense of the low-water
mark proposal will be made by the
Virginia attorney general, Common
wealth's Attorney Lawrence Douglas
Of Arlington County. Frank L. Ball,
who was special Virginia attorney be-
fore the Boundary Commission; Sam.
uel Solomon, manager Of the Wash.
ington Airport, and others.
William c. Cloth and Malcolmn c.
McConihe, members Of the commits
sion, also may be called to defend
their findings. The chairman of the
now defunct commission, Dr.. Charles
H. Broueh, died recently.
Louis F. Frick of the National Park
Service told the Judiciary Committee
that adoption Of the commissions
boundary would result in commercial
development and pollution Of the bird
sanctuary being developed by the
Federal Government at Reaches Run,
along the Mount Vernon Memorial
Highway.
Denies Islands Affected.
Lieut. w. j. Matteson Of the ONCE
OF the Chief of Engineers of the Army
declared the commissions findings
were "in complete disregard of the
evidence submitted by the Govern
ment" and that apparently the pro-
posed boundary would give to Vir-
ginia Roosevelt and Columbia Islands
and the section of the Mount Vernon
Boulevard built on the latter island.
Representative Smith disclaimed
any intention on the part OF Virginia
Of taking either OF these islands.
E. Barrett Prettyman, corporation
counsel for the District, said the Dis
trict Commissioners support Federal
authorities in their fight for a high
water mark line.
Henry H. Classic, special assistant
to the Attorney General, urged that
Congress reject the report of the COM
mission entirely and leave all disputed
questions OF jurisdiction to the courts
or to settlements out of court.