National Republican. (Washington City (D.C.)) 1872-1888, 1884-03-26
EXPLAINING THEIR POSITION.

The Reasons Given by the District Conn
mIssionors for Their Opposition TO the
Carroll Claim.
The following letter was sent to the Presi-
dent by the commissioners on March ii, to-
gethor with the bill "For tho relief of the
devisees of tho late Daniel Carroll" They
say
IL is the first case so far as we are ad-
vised, where congress has in express terms
allowed damages because of q change in tho
grade of the streets. It is bill both Great
ing liability and giving remedy against
the district where neither existed before.
The commissioners are satisfied the
bill would not have passed con-
gress except upon misapprehension 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
to the commissioners for facts and references
to the law specially applicable thereto. For
some reasons that reference was omitted in
this case, and the commissioners were advised
of the tendency of this bill at this session of
congress- only by notice Of tho press that IL
had passed both houses.
The commissioners, therefore. now submit
what they deem pertinent to the subject, with
tho suggestion to withhold your assent to
this bill, and resubmit tho whole subject to
Indeed, since the passage Of this bill many
other parties having equal or even greater
cause of complaint arc appealing for relief to
congress and the senate committee for the
District Of Columbia arc now inviting tho
commissioners to consider If anything Is de-
sirable in tho way of general legislation.
Had the committee realized that this appeal
of the Carroll family was not the only one OF
the kind, but that there were many hundreds
of similar nature and equally worthy, they
certainly would not have proposed so in
vidiOus and unfair n measure as to single out
one person of 81 large class to BIO the sole
recipient Of its bounty.
Frequent appeals have been made to the
courts for relief in similar cases where even
greater hardships were caused by the grading
of streets. But invariably the decision was
that the work was lawful and proper, and IL
no unnecessary damage was done to adjacent
property there was no legal obligation on the
part of the district. This is the woll-settled
law, not only OF this district, but Of the United
States generally aud of England. Every man
buys aud builds with reference to this
municipal right. Under this rule grading
of streets in this district has proceeded for
three.quarters of a century, and the local
courts have ever held that such work, when
carefully done, was lawful and erected no
liability in favor of.adjacent property owners.
This doctrine has been repeatedly affirmed
See, &c.
During tho last year numerous claimants
through their attorneys, have appealed to the
commissioners to recommend congress to pro.
vide that damages caused by grading streets
be allowed. The commissioners found that
claims of that character were to be counted
by hundreds, and aggregated several million
dollars, and that many of them appealed
strongly for sympathy. The commissioners
were satisfied, however, that no such relief
should be given, and If it were attempted
would exhaust all surplus revenues of the
district and stop improvements for years, and
it would inaugurate new practice contrary
to wisdom and experience of all municipal.
tics, and be a subversion of the common law
and the decisions of the courts. II, however
congress should deem this wrong view oi
the case, it will certainly not dispatch the
practice and proprioty of dealing with all
alike; and will doubtless DO glad to consider
the subject anew, and will either refuse to
create this new liability or will allow gen.
eral recovery, under such rules and restric'
tions as 1t may deem proper. The former
legislation creating a board of audit
allowed it to audit and adjust the floating
debt Of the district, including the destruction
of property and such special damages as hao
been caused by negligence in the attempt t
do great work in brief period. This bill
now proposes TO order the district, long after
tne event, 10 pay IOr an acO tnhI was per
fectly lawful when done, and which, by well
settled law, involved 1t in no liability. Either
there is no justice in it, or the hundreds
of others in the same plight should have
the same remedy. This claim, if allowed
from particular sympathy, will DO found Il
BIO the sharp edge OF q tremendous wedge
and every consideration requires that tn,
subject should be more seriously considered
This can DO done only by Withholding you
consent from this bill, and by submitting thu
whole case to congress for its moro liberia
consideration, on which action tho commits
sioners have the honor to recommend