Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-04-17

imum, Al.
and their duty is to see that these orders
are complied with The condition prece-
| dent imposed by Congress to record any
plat is that the subdivision shall conform
to the general plan of the city of Wash
| ington.
Order No. II Declared Void.
THE Commissioners recognize this neces-
| sity of conformity in the general orders
quoted. excepting order No. u. They re-
quire extended streets and avenues to be
| OF equal width. in the same general direc-
| tion, in exact alignment and continual
| ton of their direction, if practicable, with
| the same streets and avenues in the city.
| These orders are inconsistent with order
! No. II. They require correspondence with
| a defi.ite, fixed plan. No. u permits devia-
ticn from that plan at the caprice of the
| individuals temporarily filling the office of
Commissioner. l am of opinion that this
| order is unauthorized and void.
! 1t is claimed that under the act of
March 2, 1893. surveys have been made of
the sections of the District in which this
| proposed subdivision lies, and maps have
/ been drawn by which Delaware avenue is
| diverted from its alignment and direction
| in the city so that it is extended through
the REALTORS land, and that the REALTORS
| must donate to the public the area taken
out by this extension, as a condition to the
| record of their plat
| Duties of the Commissioners.
Try this statute, the Commissioners are
| directed to prepare plan for the extern
sion of a permanent system of highways
over all that portion of the District not in
| Guided in the cities OF Washington and
| Georgetown These plans are directed 10
| be prepared in sections. When a plan has
| been adopted by the Commissioners a
| copy of the map is REQUIRED to be sub
! mitted to a commission, composed of the
Secretary Of War; the Secretary of the In
! terror and the chief Of engineers, who
Shall make such alterations as they deem
advisable. even to the extent of causing
a new map to be made, keeping in view
| the necessity of harmorizing as far as
possible the public convenience with econ
omy of expenditure. When The map shall
| be adopted by this commission, delivered
| to the Commissioners of the District and
recorded in the office of the surveyor, then
| and thereafter, no further subdivision of
| land included therein shall be admitted to
| record in the office of the surveyor, or
| that of the recorder of deeds, unless ap-
| IN conformity to such map. With respect
to any highway. or part thereof, laid down
or such map, which shall not lie within
| the limits of an existing subdivision the
| this court for the condemnation and
opening of the same, and if the
court, after, notice to the parties in
terested and hearing upon the evidence
| adduced, concludes that the publc's
venience requires the immediate opening
of such highway, the land may be con-
| Iemned, otherwise no further proceedings
will be had upon such application. Provis-
| ion is made for determining the amount
of compensation, and for a decree of the
| court.drecting payment, and further that
| if appropriation for the payment of the
| award be not made within six months, Con-
| gresS being in session for that time after
| the award, or within six months after the
| meeting Of the next session of Congress,
| the proceedings should be void and the
land revert to the owners.
Nothing Definite About Present Plans.
This partial recital of the provisions of
| the act material to the question under con-
| sideration indicates quite plainly that there
| is but one method of determining the eX-
| tension of Delaware avenue and of defining
| Its limits. 1t cannot be done by the re-
| Spondent's act alone, or without the ap-
prevail and adoption of the commission,
consisting of the Secretary of War, the Sec
rotary of the Interior and the chief of engi-
neers. The advance conclusions of the
| spondents are suggestive only. They are
| not determinative. Their scheme as to this
| avenue may never materalize. 1t has not
attained the dignity of fixedness, and to re-
quire the realtors to donate their land upon
| such uncertainty is to impose I'M
reasonable and an unjust burden upon
them thai could be excused only by man
| datory statute
| 1T was claimed in argument that if the
| reiat ors' plat were ordered to be recorded
| the comprehensive plan that may hereafter
be adopted for this locality could not be
| completed. 1t is clear, however, that the
| act of 1893 provides for carrying out the
! scheme Of a permanent system of highways
| through subdivisions existing at the time
| of the adoption of the plan, and that no
| public interest can suffer from such record.
| The statute contemplates and admits the
! right of land owners to make subdivisions
under the preceding act of 1883 until the
| adopted plat of that section has been
| corded. After that, any new subdivision
must conform to the recorded map.
Another Violation by the Commits
! siOners.
1.-THE answer of the respondents indicates
| that the proposed extension of Delaware
| avenue is not the same width as that ave-
| nue. is within the city limits. The avenue
| is one hundred and sixty feet in width; the
| extension IS only one hundred and twenty.
/ This is in violation of general orders Z,
and II, and is not in harmony with the
| scheme of the act Of 1893.
rs the act sought to be enforced by this
proceeding purely ministerial duty? In
/ right of land owners to subdivde their
| lands and to plat them is absolute; the
| right to record plats of city subdivisions
| in the office of the surveyor was conferred
| by the act Of January II, 1909; the right
| to record county subdivisions likewise was
| recognized by many years of exercise and
| is established by the act of August q,
| 1883, upon compliance with its provisions
| and obtaining the order of the Commission
ers, Endorsed upon the plat. 1t is the duty
of the Commissioners to make such order
| when the land owner presents plat of
| subdivision that complies with the require
| ments of law.
| Justice BradleS's Strong Language.
1.-THE respondents admit that the plat
| rendered by the REALTORS does comply with