Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-24

city throughout the entire District The effort
was rendered nugatory by an unexpected growth
Of debate. The Senator stated that the bill
made no appropriation and fixed no liability
except as to such expenditures as might be
necessary in preparing the requisite maps.
Senator Cockreli objected to an amendment
offered by Senator Harris because, as he said.
this proposed law fixes an absolute liability on
the part Of the government for whatever dam
ages may be assessed and leaves Congress no
discretion either to accept or reject. That was
the point was wanting to inquire about mo-
ment ago. / think Congress- when this report
Is made OF the ascertainment of the damages,
should have the right to say whether it will
continue the condemnation and pay the price
or let ii remain as IL is.
Mr. Harris-I think that is the precise effect
and result OF the bill it stands with the adop-
ton Of this amendment. The condemnation
cannot be completed until the money is appro-
priated and paid Congress may appropriate
IL Dr. refuse to appropriate it. The whole mat
Ter ls subject 70 .he will and thu action of the
wv" houses Gf Congress even after this judicial
proceeding has advanced to this stage.
The anne ndment was then amended SO as to
accord with Senator Cockrells views.
SENATOR ALLIsoN's OBJECTIONS.
Senator Allison said it was dangerous thing
TO make such amendments. They were import
ant enough to demand careful consideration.
The aim and purpose of this bill. said he, las
understand it, is to expand and enlarge this
city by means of the extension of its streets
throughout the District of Columbia and the
original purpose of the bill was to enable the
Commissioners of the District to condemn as
to have the plan Of the District to conform to the
plan OF the city. The bill originally proposed
that III this process there should be fund
created of 81 0O0, 900, and that that fund should
be created by means of the sale OF bonds. AS
nf hnl I To he
rapidity with which that process Is TO be exc
cuted under the original provisions OF this bill.
therefore, 1t was suggested in debate il an in
formal way that this proceeding should go on
more deliberately; first. by passing this bill in
order that a law could be provided whereby
streets could be segregated and opened up as
rapidly as the situation required, and that all
THAT related to the question of money should be
eliminated from this bill: ard that has been done.
Now, as l understand the position OF the
Senator from Tennessee Mr.. Iiarrisl it is that
there is no money obligation to be created by
this bill; that these condemnation proceedings
to the point Of decree of the court shall not
have the effect to bind Congress or bind the
District of Columbia What l want is that
words shall oe inserted in this bill to execute
that purpose, 80 that we shall not be bound
hereafter by means of appropriations to exc
cute the DEGREES OF the court as respects the
damages that may be assessed by a jury in this
District. which condemns streets and alleys and
reservations or parks. As l understood the
Senator from Tennessee, his words were in
tended to carry out that purpose, and whatever
words Will accomplish it am for; but the Sem
ator from Connecticut MIR. platt raises doubt
In my mind when the district court Of this Dis
trict shall, under the forms prescribed in this
BILL condemn a street and make decree under
that condemnation OF certain amount of
money, whether that does not by its own force
make 1t obligatory upon us to appropriate the
money to pay for that condemnation. l know
very well that until that money is paid we can
not take posse ssion of those str eets; but when
the condemnation is made there is an implied
obligation that the owner OF that property shall
not use it for any other purpose"
Mr. Faulkner--If the Senator will permit
me, think the general proposition Of law that
governs in all cases the exercise of the right of
eminent domain Is clear, that the party who
asks tor the condemnation is absolutely at
liberty to refuse the verdict of the jury and
the payment OF the money, and In that way
may decline to take the property.
THE GOVERNMENT TO BE UNDER NO OBLIGATION.
Mr.. Allison-Yes, SO ] understand; but
raise this point as respects it. Here we set
apart and segregate a certain number of feet
for the extension of one of the great avenues
of this city, and the court, through the jury
awards to the owner OF this property 81, 900
or $4,000. We do not make an appropriation
for that $40, 600. but there is still an implied
obligation that that property shall not
the owner. SO il seems to me.
What want in this bill is that words shall be
inserted to make it appear that the govern
ment OF the United States is under no obliga-
ton to appropriate money for this decree, be-
cause know Of instances III this city where
juries have given enormous sums for property
where the property itself had been largely
benefited by means OF condemnation proceed
ings, and that is the reason why DESIRE for
70 oil ~, 10 bill III,
ton on the part of Congress to make appropri-
ations until we have AN opportunity OF revising
what has been done by these commissioners
and by these condemnation proceedings.
Mr.. Harris-Mr. President, l have but a
word to say. In view of the tact that the gen.
eral rule is that the party seeking condemna-
ton of private property for public use, when
the assessment has been made and the amount
ascertaned may retire from it. it seems to me
the bill in its present form is quite safe enough
to meet the views of the Senator from Iowa
Mr.. Allison but l have no more interest in
this matter than any other Senator or any other
person.
SENATOR DAWES STATES HIS VIEWS.
Senator Dawes said it was utterly incompre-
hensible to him how Congress could by law APP
propriate or put any restriction upon the pri-
vate property of any living being for public
purposes until Congress had paid for il. The
Constitution was on that subject plain as A,
b, C.
Mr.. Harris-I quite agree with the Senator.
mir. Dawes-f we go through with all these
forms they utterly null and void until the
money is appropriated and paid.
Mr.. Harrls-1hat is exactly what have been
trying to say. That is exactly what believe
to be true.
Mr. Dawes-Then we had better meet fairly
the question whether will appropriate out
of the treasury Of the United States SO many
millions of dollars for this purpose-proper
and desirable enough. it may be-but. never
theless. think that the general concensus of
the people will be that it will be time enough
to spread this city over the District when the
population of the city shall require it. The
Constitution says that no private property shall
be taken for public use without just compensa-
ton, and to lay a statute upon IA man prop
erty so that he cannot dispose of it precisely
the same if the statute did not exist is an at
tempt to appropriate it, and that must be fol-
lowed by compensation, and the appropriation
must come from the treasury or else this is an
idle enactment.
The bill then went over, after Senator Harris
had given notice that he would endeavor to
have the Senate dispose Of it at an early day.
The German steamer Wilhelm Oellsner from