The Sunday herald. [volume] (Washington [D.C.]) 1866-1887, 1886-01-10
CLAIMS FOR DAMAGE TO REAL ESTATE.


Plea fur Justice in Behalf OF Those Injured BY
Public Improvements.
The following letter was written in reply to an
open letter published by the Commissioners in the
sta, December 49, 1885:
MIR. EDITOR: On behalf of owners OF real estate
damaged by recent public improvements, addressed
last a respectful memorial Instead of referring to
the important subject of that petition In the annual
report to the President of the United States Decem-
ber 4, or acknowledging its receipt, said board pub
in an article headed "Mililons Involved" That
article commences with garfield inisprned extracts
from the memorial, and closes with many grave
mistatemenis of the law and facts involved.
publication Of such a istartling exhbit' was in
tended TO prejudice the President OF the United
States and members Of Congress as to
payers, and It Is specially amusing when
in settlement OF precisely similar claims. After
the signal defeat that the Commissioners met in
cpro was
that they had recovered from the deusion that they
could usurp the functions of either the legislative,
executive or judicial branch of the Government.
1t Is the plain duty of the Board of Commissioners,
under the law, to lay before the President Of the
United States annually written report on the affairs
Of the District OF Columbia II the members OF that
board sec it to deny the right of petition and not
en!lghten the new Executive on subject In which
thousands Of Taxpayers are interested, they alone
are responsible Fortunately experience has proved
that the petty tyranny attempted to be exercised of
late by our Imperial rulers receives no encourage
ment from the peoples representatives In Congress
or the President.
The Commissioners in their letter declare that in
cases where relief can be had through the courts
there Is no necessity for legislation. Granted. But
in most Of these cases the aggrleved parties were
assured by the District authorities that all would be
made right without an appeal to the courts. Rely
Ing on these assurances while witnessing the prog
time iii the statute Of limitations barred them from
recourse TO their legal rights. Now, after all the
former Commissioners have recommended favora-
BILE action by Congress on these claims, after the
peaed assurances given the many claimants by the
different Boards Of Commissioners that all would be
''ouiiawed' to which The board has recently and
successfully resored) can be used the Commission
ers see IT. exulngly, to sneer at the honest appeals
OF these worthy but much-injured citizens, for dar-
cases to the favorable notice OF the President, and
for legislation to reimburse them for damages sus-
tained in consequence Of the Illegal and arbitrary
what ey ase they are aa
vsed,n the members Of the Board Of Commissioners
are fully aware and know that the late Board of
June 70, 1874, 10 settle precisely such damage claims
filed with the Board Of Public Works, prior to that
lied by joint resolution Of December 81 1874, to
ceive and settle more, and 1t was not abolished be-
"a Wsa S @s aaa II
payments In the settlement OF contractors claims.
equally well aware that these claims do not amount
to "milll0ns, and that have interest In any of
them other than as attorney for such feowcitIzens
as have employed me to press their petition for
hearing on the merits Of their claims. the Commits
81 ,ners are custodans OF all these claims, and the
records which they now ialsify Let the full list be
furnished Congress- Neither the United States, nor
any number fthe taxpayers of the National Capital,
can be 80 unjust and unfair to deny to the re-
naming few who were really badly, specially
damaged In their real estate and have not had ihelr
nj nd hat m en- Inv tvah 10
large, or on any other account.
y Is true that the public improvements conducted
OF late years In this city by the agents OF the United
States mot by elected municipal Officers) have
greatly beautned the Nations Capital, and largely
enhanced the value Of al public properties, also
few. comparatively, who now seek the relief which
has SO often been promised. They do not seek re-
| lief for "inconyenences," as charged by the Com.
missioners, but for actual damages to the value Of
real estate, and they nave not been relieved (as
were Senators Edmunds and Bayard) the exorbitant
illegal assessments for alleged especial improve
| mentH."
In closing, Mr.. Editor, permit me TO say that my
respectful memorial TO the Commissioners was on
behalf OF nye hundred honest citizens of the United
states, taxed without representation, whose real es-
tate has been damaged especially by reason OF pub
| llc improvements conducted by the agents OF the
United at the requests Of my clients, but
prompt payment OF all damages, and who simply
pray for a funment OF that promise In the same
| manner II was granted 10 their neighbors.
II IL painfully true that the past snbmssiyeness OF
the citizens OF the United States residing at the Ma.
tional Capital has so encouraged encroachments on
their rights that TO the denial OF the sacred right
mssioners Of the facts involved In petition, the
| only apparent purpose being the more enectuay Ia
| defeat the ends OF justice
ingalls, spoken last January In the Senate, when he
said, "For nations as for man, there ID nothing &c
Improbable as Injustice" Il. w. WHITAKER.