Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-03-25
The Duddinssou Claim.
WHY TIE COMMISSIONERS OPPOSED rr-THI LETTER
WRITTEN 10 THE PRESIDENT

"Ah ine NNA1iSsiOSkkS CPfNSED IT-THI fETTER
WRITTEN 10 The President.
The Commissioners having been requested nv the
President 70 consider the bin for the relief OF the de-
vsees Of the late Daniel Carroll Which vas approved
by the Ppsident yesterday, wrote a letter 10 the
Presdsnt on the l&th instant, IN which they found
that II Is the frst case, so Tar they ara advised
where Congress has IN express terms allowed darn
ages because OF change In the grade OF streets
remedy against the District where neither existed
before. The Commissioners are satisfied the bill
would not have passed Congress except upon a
misapprehenson OF the law or facts entertained by
many who voted for it,
1t has been customary for the District committee
TO refer bills affecting the District 10 the Commits
sioners for the facts and reference 20 the case spe
claIly applicable thereto. For some reason that
reference was omitted IL this case and the Com
iniSsioners were advised Of the pendency OF this
OH at this session OF Congress only by notice
through the press that IL had passed both houses.
Inc commissioners Therefore. now submit what
them deem pertinent 70 the subject, with the sug-
gestlon III you think proper TO withhold your
assent 10 tnis Dill and resubmit the whole subject
10 congress for further consideration.
indeed, since the passage OF this brl, many
otneI pales having equal or even greater cause OF
cClhpiaint are appealing TO Congress and the sen
.itins the commissioners ID consider what, II any
thing, is desirable In the way OF general legislation
HAD the committee realized that this appeal Of the
Sarrou FAMILY was not the only one Of the kind,
Out That there were many hundreds OF a similar
nature and equally worthy, they certainly would
not nave proposed so invidious and unfair meas
ure as 10 single out one person OF 50 large class 10
be the sole recipient OF its bounty.
frequent appeals have been made 70 the courts
LOT reiief In similar cases when greater hard
snip was caused by the grading OF streets But in
NaIiaoy tne decision Was that the work was lawful
ana proper, and If no unnecessary damage was
Done TO adjacent property there VAS no legal OBJ
ngauon on the part OF the District"
reference Is made TO the law and the fact that
the local courts have Invariably held that the work
OF grading streets, when carefully done was Law
ful, and created no liability IN favor OF adjacent
property owners During the last year, the let
ter states. numerous clainants through their at
torneys, nave appealed 10 the Commissioners To
recommend 10 Congress TO provide that damages
caused oy grading streets might be allowed The
commissioners found that claims or that
and aggregated several million dollars. and that
many OF them appealed strongly for sympathy.
Inc commissioners were satisfied, however. that
no such relief should be given. and II IL were at
tempted IL would exhaust all the surplus revenues
OF the District and stop improvements for years.
iese There must be large Increase or the District
oeop and II would inaugurate new practice CON-
trafy 10 the wisdom and experience OF all munich
pantleS, and be Suoversion OF the common law
ana the decisions OF all the courts.
IL. however, Congress should deem this wrong
view OF the case, il Will certainly not dispute the
justice and proprety OF dealing with all alike and
WILL doubtless, be glad TO consider the subject
anew, and Will either refuse TO this new la
blllty or Will allow general recovery under such
rules and and restrictions as IL may deem proper.
'IhlS Claim, II allowed from particular syInpa-
thy.' says the concluding paragraph OF the letter,
will be found 10 be the sharp edge vi tremendous
wedge, and every consideration requires that the
subject should te more seriously considered. This
can be done now only by Withholding Your cOnSt ut
from this bill and 10y submitting the whole case 10
Congress for It's more deliberate consideration.
which action the Commissioners have the honor ~