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feet, more or less, to the point of tangency of said curve. Thence along a tangent to said curve on a bearing of north 13°27'44'' east a distance fo 2,002.11 feet, more or less, to the point of a curve having an angle of 10°36'35" left, radius 2,864.79 feet, long chord of 529.59 feet on a bearing of north 8°09'31.5'' east. Thence along the arc of said curve a distance of 530.25 feet, more or less, to the point of tangency of said curve. Thence along a tangent to said curve on a bearing of north 2°51′19′′ east a distance of 124.53 feet, more or less. Thence 6°57′52′′ left on a bearing of north 4°06'33'' west a distance of 571.33 feet, more or less. Thence 7°22'39" left on a bearing of north 11°29'12'' west a distance of 811.63 feet, more or less. Thence 8°16′52'' right on a bearing of north 3°12'20'' east a distance of 70.41 feet, more or less, to the point of a curve having an angle of 7°42'12'' right, radius 5,479.58 feet, long chord 737.75 feet on a bearing of north 7°03'56" east. Thence along the arc of said curve a distance of 738.31 feet, more or less, to the point of tangency of said curve, said point being on the old property line between Mary E. Cullinane and Milton Hopfenmaier property. Thence along said property line on a bearing of north 75°11'50" east a distance of 204.72 feet, more or less, to a monument marked U. S. D. 1-N. P. S., reference south 18,419.16, west 10,829.26. Thence along the same bearing of north 75°11'50" east a distance of 215 feet, more or less. Thence 34°36'06" left on a bearing of north 40°35'44'' east a distance of 1,509 feet, more or less, to the point of a curve having an angle of 5°45′ left, radius 7,239.41 feet, long chord of 72.20 feet, on a bearing of north 37°53′14′′ east. Thence along the arc of said curve a distance of 726.51 feet, more or less, to the point of a compound curve having an angle of 6°00' left, radius 2,217.01 feet, long chord of 232.06 feet on a bearing of north 32°10'44' east. Thence along the arc of said curve a distance of 232.15 feet, more or less, to the point of a compound curve having an angle of 57°01'20'' left, radius 1,303.74, long chord 1,244.62, on a bearing of north 0°40'04'' east. Thence along the arc of said curve a distance of 1,297.22 feet, more or less, to the point of a compound curve having an angle of 7°59'54.3'' left, radius 2,217.01 feet, long chord 309.23 feet on a bearing of north 31°49′33'' west. Thence along the arc of said curve a distance of 310 feet, more or less, to the intersection of said curve with the property line of the Richmond, Fredericksburg and Potomac Railroad Company and the United States of America. Thence in a northeasterly direction along a bearing of north 34°30'00'' east a distance of 340 feet, more or less, to the point of beginning:
excepting, however, such portion thereof as the President may, by Executive order or orders, prescribe, which portion shall be added to, and administered as part of, the Mount Vernon Memorial Highway, authorized by the Act approved May 23, 1928 (45 Stat. 721), as amended.
SEC. 2. The Administrator shall have control over, and responsibility for, the care, operation, maintenance, and protection of the airport, together with the power to make and amend such rules and regulations as he may deem necessary to the proper exercise thereof.
SEC. 3. The Administrator is empowered to lease upon such terms as he may deem proper, space or property within or upon the airport for purposes essential or appropriate to the operation of the airport.
Approved, June 29, 1940.
[PUBLIC LAW 59-80TH CONGRESS]
[CHAPTER 62-1ST SESSION]
[H. R. 2758]
AN ACT To amend the Act entitled "An Act to provide for the administration of the Washington National Airport, and for other purposes," approved June 29, 1940
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the administration of the Washington National Airport, and for other purposes", approved June 29, 1940 (54 Stat. 686), is amended by adding at the end thereof the following new sections:
"SEC. 4. (a) The Administrator, and any Civil Aeronautics Administration employee appointed to protect life and property on the airport, when designated by the Administrator, is hereby authorized and empowered (1) to arrest under a warrant within the limits of the airport any person accused of having committed within the boundaries of the airport any offense against the laws of the
United States, or against any rule or regulation prescribed pursuant to this Act; (2) to arrest without warrant any person committing any such offense within the limits of the airport, in his presence; or (3) to arrest without warrant within the limits of the airport any person whom he has reasonable grounds to believe has committed a felony within the limits of the airport.
"(b) Any individual having the power of arrest as provided in subsection (a) of this section may carry firearms or other weapons as the Administrator may direct or by regulation may prescribe.
"(c) The United States Park Police may, at the request of the Administrator, be assigned by the Director of the National Park Service, in his discretion, subject to the supervision and direction of the Secretary of the Interior, to patrol any area of the airport, and any members of the United States Park Police so assigned are hereby authorized and empowered to make arrests within the limits of the airport for the same offenses, and in the same manner and circumstances, as is provided in this section with respect to employees designated by the Administrator.
"SEC. 5. Any person who knowingly and willfully violates any rule or regulation prescribed under this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 or imprisoned not more than six months, or both.
"SEC. 6. The officer on duty in command of those employees designated by the Administrator as provided in section 4 may accept deposit of collateral from any person charged with the violation of any rule or regulation prescribed under this Act, for appearance in court or before the appropriate United States commissioner; and such collateral shall be deposited with the United States commissioner at Alexandria, Virginia.
"SEC. 7. The Administrator may enter into agreements with the State of Virginia, or with any political subdivision thereof, for such municipal services as the Administrator shall deem necessary to the proper and efficient government of the airport, and he may, from time to time, agree to modifications in any such agreement: Provided, however, That where the charge for any such service is established by the laws of the State or Virginia, the Administrator may not pay for such service an amount in excess of the charge so established. There is hereby authorized to be appropriated such sums as may be necessary for the making of payment for services under any such agreement." Approved May 15, 1947.
[PUBLIC LAW 208-79TH CONGRESS]
[CHAPTER 443-1ST SESSION]
[H. R. 3220]
AN ACT To establish a boundary line between the District of Columbia and the Commonwealth of Virginia, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I-BOUNDARY LINE BETWEEN THE DISTRICT OF COLUMBIA AND THE COMMONWEALTH OF VIRGINIA
SEC. 101. The boundary line between the District of Columbia and the Commonwealth of Virginia is hereby established as follows:
Said boundary line shall begin at a point where the northwest boundary of the District of Columbia intercepts the high-water mark on the Virginia shore of the Potomac River and following the present mean high-water mark; thence in a southeasterly direction along the Virginia shore of the Potomac River to Little River, along the Virginia shore of Little River to Boundary Channel, along the Virginia side of Boundary Channel to the main body of the Potomac River, along the Virginia side of the Potomac River across the mouths of all tributaries affected by the tides of the river to Second Street, Alexandria, Virginia, from Second Street to the present established pierhead line, and following said pierhead line to its connection with the District of Columbia-Maryland boundary line; that whenever said mean high-water mark on the Virginia shore is altered by artificial fills and excavations made by the United States, or by alluvion or erosion, then the boundary shall follow the new mean high-water mark on the
Virginia shore as altered, or whenever the location of the pierhead line along the Alexandria water front is altered, then the boundary shall follow the new location of the pierhead line.
SEC. 102. All that part of the territory situated on the Virginia side of the Potomac River lying between the boundary line as described in section 101 and the mean high-water mark as it existed January 24, 1791, is hereby ceded to and declared to be henceforth within the territorial boundaries, jurisdiction, and sovereignty of the State of Virginia: Provided, however, That concurrent jurisdiction over the said area is hereby reserved to the United States.
SEC. 103. Nothing in this Act shall be construed as relinquishing any right, title, or interest of the United States to the lands lying between the mean highwater mark as it existed January 24, 1791, and the boundary line as described in section 101; or to limit the right of the United States to establish its title to any of said lands as provided by Act of Congress of April 27, 1912 (37 Stat. 93); or the jurisdiction of the courts of the United States for the District of Columbia to hear and determine suits to establish the title of the United States in all lands in the bed, marshes, and lowlands of the Potomac River, and other lands as described by said Act below the mean high-water mark of January 24, 1791; or to limit the authority to make equitable adjustments of conflicting claims as provided for in the Act approved June 4, 1934 (48 Stat. 836).
SEC. 104. The "present" mean high-water mark shall be construed as the mean high-water mark existing on the effective date of this Act.
SEC. 105. The United States Coast and Geodetic Survey is hereby authorized, empowered, and instructed to survey and properly mark by suitable monuments the said boundary line as described in section 101, and from time to time to monument such sections of said boundary line as may be changed as provided for in section 101; and the necessary appropriations for this work are hereby authorized.
SEC. 106. The provisions of sections 272 to 289, inclusive, of the Criminal Code (U. S. C., title 18, secs. 451-468) shall be applicable to such portions of the George Washington Memorial Parkway and of the Washington National Airport as are situated within the Commonwealth of Virginia. Any United States commissioner specially designated for that purpose by the District Court of the United States for the Eastern District of Virginia shall have jurisdiction to try and, if found guilty, to sentence persons charged with petty offenses against the laws of the United States committed on the above-described portions of the said parkway or airport. The probation laws shall be applicable to persons so tried. For the purposes of this section, the term "petty offense" shall be defined as in section 335 of the Criminal Code (U. S. C., title 18, sec. 541). If any person charged with any petty offense as aforesaid shall so elect, however, he shall be tried in the said district court.
SEC. 107. The State of Virginia hereby consents that exclusive jurisdiction on the Washington National Airport (as described in sec. 1 (b) of the Act of June 29, 1940 (54 Stat. 686)), title to which is now in the United States, shall be in the United States. The conditions upon which this consent is given are the following and none others: (1) There is hereby reserved in the Commonwealth of Virginia the jurisdiction and power to levy a tax on the sale of oil, gasoline, and all other motor fuels and lubricants sold on the Washington National Airport for use in over-the-road vehicles such as trucks, busses, and automobiles, except sales to the United States: Provided, That the Commonwealth of Virginia shall have no jurisdiction or power to levy a tax on the sale or use of oil, gasoline, or other motor fuels and lubricants for other purposes; (2) there is hereby expressly reserved in the Commonwealth of Virginia the jurisdiction and power to serve criminal and civil process on the Washington National Airport; and (3) there is hereby reserved in the Commonwealth of Virginia the jurisdiction and power to regulate the manufacture, sale, and use of alcoholic beverages on the Washington National Airport (as described in sec. 1 (b) of the Act of June 29, 1940 (54 Stat. 686)).
Subject to the limitation on the consent of the State of Virginia as expressed herein exclusive jurisdiction in the Washington National Airport shall be in the United States and the same is hereby accepted by the United States.
This Act shall have no retroactive effect except that taxes and contributions in connection with operations, sales and property on and income derived at the Washington National Airport heretofore paid either to the Commonwealth of
Virginia or the District of Columbia are hereby declared to have been paid to the proper jurisdictions and Commonwealth of Virginia and the District of Columbia each hereby waives any claim for any such taxes or contributions heretofore assessed or assessable to the extent of any such payments to either jurisdiction.
Any provision of law of the United States or the Commonwealth of Virginia which is to any extent in conflict with this Act is to the extent of such conflict hereby expressly repealed.
SEC. 108. This title shall not become effective unless and until the State of Virginia shall accept the provisions thereof.
SEC. 201. Nothing in this Act shall be construed (a) to prevent the acceptance by the United States pursuant to the provisions of section 355 of the Revised Statutes, as amended (40 U. S. C., sec. 255), of such jurisdiction as may be granted by the State of Virginia over any lands to which the United States now has, or may hereafter have, title within the boundaries of the State as established by this Act; or (b) to affect any jurisdiction heretofore obtained by the United States from the State of Virginia over lands adjoining or adjacent to those herein ceded; and all jurisdiction whether partial, concurrent, or exclusive, which Virginia has ceded and which the United States has accepted over any part or parts of the ceded total is hereby expressly retained.
SEC. 202. Section 111 of the Judicial Code (46 Stat. 56; U. S. C., title 28, sec. 192), as amended, is hereby further amended to read as follows:
"The State of Virginia is divided into two districts, to be known as the eastern and western districts of Virginia.
"The eastern district shall include the territory embraced on the effective date of this Act in the counties of Accomac, Arlington, Amelia, Brunswick, Caroline, Charles City, Chesterfield, Culpeper, Dinwiddie, Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, Norfolk, Northampton, Northumberland, Nottoway, Orange, Powhatan, Prince Edward, Prince George, Prince William, Princess Anne, Richmond, Southampton, Spotsylvania, Stafford, Surry, Sussex, Warwick, Westmoreland, and York. "Terms of the district court shall be held at Richmond on the first Mondays in April and October; at Norfolk on the first Mondays in May and November; and at Alexandria on the first Mondays in June and December.
"The western district shall include the territory embraced on the effective date of this Act in the counties of Alleghany, Albermarle, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Madison, Montgomery, Nelson, Page, Patrick, Pulaski, Pittsylvania, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe.
"Terms of the district court shall be held at Abingdon on the second Mondays in April and November; at Big Stone Gap on the first Mondays in May and October; at Charlottesville on the first Monday in February and on the Wednesday next after the first Monday in August; at Danville on the fourth Monday in February and on the Wednesday next after the first Monday in September; at Harrisonburg on the third Monday in March and on the fourth Monday in October; at Lynchburg on the first Mondays in June and December; and at Roanoke on the first Mondays in January and July.
"The clerk of the court for the western district shall maintain an office in charge of himself or a deputy at Lynchburg, Roanoke, Danville, Charlottesville, Harrisonburg, Big Stone Gap, and Abingdon, which shall be kept open at all times for the transaction of the business of the court."
Approved October 31, 1945.
The CHAIRMAN. We have only one more witness. Mr. Ceconi, we will make the reports of Mr. Roger Lewis, Assistant Secretary of the Air Force, and William P. Rogers, Assistant Attorney General, Department of Justice, a part of the record.
(The reports of Roger Lewis and William P. Rogers are as follows:)
Hon. JOHN W. BRICKER,
JUNE 11, 1954.
Chairman, Committee on Interstate and Foreign Commerce,
United States Senate, Washington, D. C.
DEAR SENATOR: This is in response to your request for the views of the Department of Justice relative to the bill (S. 3435) to amend the act relating to the administration of the Washington National Airport, to incorporate the Washington National Airport Corporation, and for other purposes.
The bill would create a corporation to be known as the Washington National Airport Corporation, subject to the direction of the Secretary of Commerce, and with the management of the Corporation vested in the Secretary. The Corporation, which would be subject to the Government Corporation Control Act, would have the powers, in addition to those conferred by the measure, deemed necessary to protect, operate, improve and maintain the Washington National Airport as a business enterprise and a public service facility. The bill would provide for the transfer to the Corporation of title to the land, structures, utilities and other facilities of the airport, now operated by the Administrator of Civil Aeronautics.
While the Department of Justice would have no objection to the enactment of legislation creating a Washington National Airport Corporation, there are certain provisions of the bill here under consideration which would seem to merit further study.
Section 4 (c) of the bill would authorize the Corporation "to acquire, by purchase, lease, condemnation, or in any other lawful manner, any property, real, personal, or mixed, tangible or intangible, or any interest therein; to hold, maintain, use, and operate the same; and to sell, lease, or otherwise dispose of the same at such time, in such manner, and to the extent deemed necessary or appropriate to carry out the purposes of the Corporation." This language would seem to indicate an intention that title to land acquired under the measure shall be taken in the name of the Corporation rather than in the name of the United States, since the lands comprising National Airport are to be transferred from the United States to the Corporation.
While there would appear to be no objection to open market acquisitions of lands in the name of the Corporation, the bill should make clear that lands acquired by condemnation should be taken in the name of the United States and that the titles to land acquired under the measure would be subject to approval by the Attorney General as provided for by section 355 of the Revised Statutes (40 U. S. C. 255). The duty of passing upon the validity of title to lands acquired by the United States has generally, for more than a century, been vested in the Attorney General. The Department of Justice has a staff of attorneys trained in the field of title examination. To provide for title examination elsewhere would mean a wasteful overlapping of functions at the expense of economy and efficiency. It is therefore recommended that section 4 (c) of the bill be amended by adding the following language at the end thereof:
"Proceedings for condemnation shall be instituted pursuant to the provisions of the Act approved August 1, 1888 (25 Stat. 357) as amended, and section 1403 of Title 28, United States Code. The Act approved February 26, 1931 (46 Stat. 1421) as amended, shall be applicable to any such proceeding. All real property acquired under this Act shall be subject to the provisions of section 355 of the Revised Statutes, as amended."
The amendment proposed, or some similar amendment, would be in the interests of the United States, and would avoid with respect to this Corporation difficulties which heretofore have been encountered in connection with the acquisition of real property by Government agencies without approval of title by the Attorney General, and by condemnation proceedings not conducted through the Attorney General.
Section 4 (h) of the bill would authorize the Corporation "to sue and be sued in its corporate name, **" and section 4 (m) would grant the Corporation authority "to settle and adjust claims held by it against other persons or parties and by other persons or parties against the Corporation." These provisions might be construed to empower the Corporation to handle its own litigation in derogation of the provisions of section 507 of title 28, United States Code, providing for supervision of Government litigation by the Attorney General, and