The morning times., 1895-12-17

Chestnut grounds in Blagden's woods
were announced to be open to the public
in an argument before the Commissioners
yesterday afternoon. 1t was in an effort
by William Stone Albert, as the attorney
Of the heirs of Thomas Blagden. ST.,
90 convince the Commissioners that they
must include the Blagden subdivision in
their application to court for condemna
tion OF streets under the highway act.
In that case the people must pay for twenty
six acres OF streets in this subdivision,
otherwise the tweDty-six acres must be
given by the owners. Mr.. Albert says II
the Blagden subdivision is not included.
the provisions of the highway act are not
carried out and the whole proceeding Is
iDvalidated.
Mr.. Albert pointed out that the Blagden
subdivision is one Of those existing at
the time of the passage of the highway
act, was on the maps at the time. and SO
must have been considered by Congress
as one OF the subdivisions meant by the
terms of the sixth section of the act.
The property had been subdivided. thir
teen and a half acres had been dedicated
as public roads, the surveyor had accepted
the plot, and recorded it and the heirs
had spent over 81 900 in placing stones
at The angles Of the roads III accordance
with the law.
Commissioner Truesdeil asked IL these
roads had ever been opened. Mr.. Albert
did not know. Commissioner Powell said
the roads were % not 9pen. Mr. al Anepr ds
not was the business or the government
and not of the grantor,
PAID No TAXES.
Commissioner Ross asked If the Blagden
heirs had not paid taxes on the ground
in these roads. Mr.. Albert smiled and said
he could not be positive. but he felt pretty
sure they had not. He also said If any
person had been arrested while gathering
was sure Judge Miller would have acquitted
him for the reason that it was public
property.
the dedication had never been accepted.
Mr. Albert produced the papers In the
equity case in 1876. by which the property
was divided among the heirs; and showed
that Judge OIin had signed the papers
providing for tue SUBDIVISION. He also
produced the plat of the subdivision ana
read the marginal note by surveyor For-
sythc accepting the paper for record: also
| the acceptance by four commissioners, OF
whom eX-Surveyor Carpenter WAS one. and
| to which Mr.. George Gogus was witness.
| He declared that surveyor torsytne was
the only person with any authority TO ac-
cept the plat. and he had done ana MADE
| II matter OF record.
| Major Powell de;n1rred TO this. and sald
| he had carefully examined all the papers
| in the case, including those presented by
Mr. Albert. and he was sure there hau
been no acceptance.
| commissioner Truesdell then raised the
point tbat the alleged subdivision was
| merely partition among Tue helrs. ana
| said similar case IL Utu DeSu
that the work did not constitute SUD-
division.
| Mr. Albert replied that in the other case
| there had been no record of the plat by
| inc surveyor. He cited the opinion or
Judge Bradley in the Goodfellow case TO
| the effect that previous to 1898 any divl-
| sion of land by an owner with dedication
| OF streets and record Constituted SUBJ
| division.
/ COURT PROCEEDINGS SUGGESTED.
% Commissioner -Truesdell asked IL there
! was not n sign at the opening OF one OF the
| alleged roads sa wing mo highway. He
| also said, when Mr.. Albert could not swer
| this. that 1t would probably be Tor the
| advantage of all concerned II MI biag gdel
I would institute mandauus PROCEEDINGS
| against the Commissi toner's. There would
| probably be several similar cases III Is
| probable that this course VIII be taken
| Thomas Blagden, ST., died In 1870. ieav-
| ing an estate OF about 371 acres. lying IN
| the line of Sixteenth street extended Inc
| property was divided between the 1ouf
| children of whom the present Thomas
BiayYien IS one--Thc- whole or the property
! is still held by them except part OF one
| interest. which has been sold to Arthur
| Machen. of Baltimore
Thomas Blagden, 1r., and MS motuef no"
| live on the tract.