Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-18
DISTRICT AFFAIRS.
An Interesting Question as to the
Payment of Damages.
MORTGAGOR AND MORTGAGE
Both Claim the Award-The Attorney for
the District Decides in Favor of the Lat
ter-status of the Garbage Ouestion-Nui-
sances at the Eastern Market.

A peculiar and interesting case recently arose
in the special assessment division. A man sold
piece Of land to second and third parties and
retained a mortgage thereon. The authorities
condemned land enough for an alley. and the
original owner comes In and states that his
mortgage covered the area condemned for the
alley in common with the balance of the lot he
had some claim upon the award, the con-
demnation took from him part Of the security
for the payment of the lien he held.
Attorney Thomas was called upon to decide
this point. He says in an opinion rendered to-
day that the question does not appear to be
very well settled as to who is to receive the
damages, the mortgagor or the mortgage, in
cases where land is incumbered.
"In New York Gays Mills on eminent domain)
the doctrine, which is supported by the bestlogic
is that the damages should be paid to the mort
gage. because his security is deprecated. and
should go in solution of his debt The mort
gage Is treated rs an assignment Of the dam
ages Bank Of Auburn vs.. Roberts, A n. Y,
1922, and this rule prevails even though the
debt is not due (John and Cherry. Streets: 10
Wend.. $500. The English rule. also requires
payment to the mortgage (Rankin vs.. East
and West India Docks Rail Co., IL Beav., 29s).
think the damages in this case should be paid
to the MORTGAGE"
STATUS OF THE GARBAGE QUESTION.
Edwin Warfeld, president of the Fidelity and
Deposit Company of Baltimore, called upon the
Commissioners this morning for the purpose of
discussing informally the status Of the garbage
question. 1t will be recalled that it is the Fidel
ity Company that appears as surety on the
bond of Garbage Contractor Clark. Mr.. War
field stated that he desired to assure the Com
mlssioners that his company would step in and
faithfully perform the contract il there was any
more trouble He felt certain however, that
rhi ch doin
the work would carry out the contract to the
letter.
NUIsANCEs AT THE EASTERN MARKET.
At the next meeting of the board of Com
missioners the subject Of correcting existing
nuisances at the Eastern market will come up.
recent investigation disclosed several unsan-
itary matters. In the basement a bad condi-
ton of things found-a nest of water
closets long condemned and the concrete floor
unsanitary by reason Of the drippings from ice
boxes. The ventilation also bad. 1t is
understood that the inspector OF plumbing will
visit the market and report u ION the plumbing
facilities before any action 10 taken by the
board
LIQUOR LICENSE APPLICATIONS.
Applications for bar room licenses have been
made by the following persons: Jno. ]. Bros
nan, 500 Az street southwest; Jeremiah j. Bros
nan, 732 I'd street southwest; VIM. Glotworthy,
n.
11th street southeast; Jno. X. French. 2O5 It'll
street northwest: Cornelius Horigan. 744 New
Jersey avenue northwest; Barbara Hoderman,
1143 Pennsylvania avenue northwest; Michl
Hayden. 315 14th street northwest; Olga New
mann, 1873 PENNSYLVANIA avenue northwest:
Theodore NJ. Rudd, 9S1 Louisiana avenue
northwest; Chas. A. Senseney, 3O4 18th street
northwest.
THE CONTAGIOUS DISEASE HOSPITAL
In letter to the Commissioners Dr. Parson
Of the board OF visitors of the Washington
Asylum says that in his judgment there is al
ready more than enough misery congregated in
and about the Washington Asylum, and he
strongly recommends that no steps be taken to
locate the contagious disease hospital in that
vicinity.
AGAINST A NEW STREET.
Messrs. A. K and E ]. Tingle today sub
mitted the following letter to the Commission
ers against the opening of a new street across
their property and urge the Commissioners to
strike it from the plan of street extension:
Respectfully referring to the plan Of street
extension and subdivision made under the act
Of Congress approved March 2, 1898, and the
map recently published showing the new
streets proposed to be opened north Of
Spring rad, We beg to submit for your
consideration the following reasons against the
proposed opening Of "a short street beginning at
the junction OF the It'll street road and the
Soldiers Home road and running westward
until said street intersects Spring road.
This proposed street il not needed. as Spring
road. already established. and which. it is un-
derstood viii be w,dened under said law, fur
ll-oes AZ facilities for travel cas-. and vest re-
q1i-ed io- ne public convenience.
This new street would blsect the property
owned bv the undersigned fronting on Spring
connection with the other streets 10 be opened
or widened, more than half Of our land, but
would leave the remainder in such shape as to
render much OF it Of little or no value for any
practical purpose.
The extension of Morgan street northward,
the widening OF Spring road as is contemplated
and the opening OF the new street above
mentioned would be tantamount to con-
fscatlon OF our property, there being no
method under the law whereby adequate COM
peusation can be awarded for the loss and
damage thus inflicted, and which would be 30
inflicted in this case without public necessltv
therefor.
The new street proposed, where 1t begins to
cross our property, would run within
about $50 feet OF Spring road. the
distance between the two roads gradually
lessening until they come together Surely it
cannot be commended that there is any public
necessity for two thoroughfares SO close to-
gether running In the same general direction.
The law provides that the system Of street ex-
tension shall be made nearly in conformity
with the street plan OF the city OF washington
as the Commissioners may deem advisable and
practicable. Italso contemplates the harmon
izing as far as possible the public convenience
with economy of expenditure. Neither Of these
ends will be subserved by the proposed cross
street.
So long as it remains upon the map as q new
street proposed to be opened it constitutes a
cloud upon our property and causes US, for the
reason stated, irreparable damage.
We therefore pray that said street, at least 30
far as it extends westward from Morgan street,
be stricken from the proposed plan.
EXTENDING THE STREETS.
At a meeting of the board Of Commissioners
late yesterday afternoon there was an interest
ing discussion upon the law which provides for
a permanent system of highways, and
it finally decided to proceed in &C.
cordance with the second section thereof.
which provides that the plans for the extension
of streets shall be taken up in sections as far az
may be practicable, to select first such areas as
are covered by existing suburban subdivisions
not in conformity with the general plan of the
city.
Capt. Powell, who is intrusted with this
work by law, proposed that the Commissioners
first take up for consideration that section
between the Soldiers Home on the east and the
Geological Park on the west. This is
the section embraced in the report OF Capt
Fiebeger. a map of which WAS printed in The
STAR of April %. 1t contains the much talked
of 10th street, which will be the first one ex-
tended 14th street 18th atreat Neu Hamp-