Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-14
Discussing the Legal Side Of Street
Extensions.
EVIDENCE NEARLY ALL IN
District Speaks Of Amendments
Which Are Desired.
JUDGE COX'S REMARKS

In case 419, DeniSon and Leighton's sub
division of Mt. Pleasant, one CT the forty
seven subdivisions embraced within section
one of the approved plan of street extern
sion. counsel today submitted to Judge Cox.
in the District Court, drafts of the instruc-
tons they desired given the jury Of seven
appraisers. Judge Cox. after some discus
sion, took the papers, saying that he would
finally pass upon them at the conclusion of
the testimony in the case Monday next.
On behalf of the District. Mr.. AS. Worth
ington said that so far as the District is
concerned, it would be perfectly satisfied
to have the court instruct the jury in the
same manner as was done in the Rock
Creek Park case. Such an instruction, he
thought. would be all that would be neces-
sary, except in the matter of section II of
the street extension act. That section pro-
vides. he explained. that where only part
of the land is taken the jury shall take
into consideration the purpose for which
1t is taken, and charge onc-falf of the
benefits, If any, against the damages al
lowed.
The act also provides, he said, that the
public in the adjacent neighborhood shall
bear one-half of the expense, because of
the benefits resulting from the extension
of the streets. In that provision, he
thought, the act ESCAPED the charge of
unconstitutonality, for he believed that
PEELED to bear their share of the benefits
resulting, although no man should be twice
charged.
What Imitat icns," asked Mr.. Nathaniel
Wilson. ARE to be placed in that connec-
ton? Can you go anywhere III the Dis
trict in assessing the henefits?"
The Limitations.
Replying to Mr.. Wilson, Mr.. Worthington
said there can be no limitation in the mat
ter, although the District must satisfy the
jury that the public is benefited Such is
the universal rule, he said, despite the
seeming difficulties. The difficulties do not
.nvaldate the law however, and all par
ties owning land, near or far, are necessar-
ily parties to the present suit No assess
ment could or should be made by the
jury, thought Mr. Worthington, until the
jury had made its award and that award
had been confirmed by the court.
Judge Cox said the jury must distinguish
between the adjacent property and that
elsewhere. remarktng that he would in
strEct the jury that after finding the bene-
fits they should charge the benefits against
the different parcels of land 1t will be
gantic task for the jury that he could not
see how they could get through.
Mr.. Wilson thought that counsel for the
District should state in definite terms what
they wished the jury to do, and he believed
that when that was done the enforcement
of the law would be to be more i'm
possible than ever before.
Amendments Wished.
|. Mr.. Worthngton intimated that the Dis
trict would be quite willing to have the
court instruct the jury without further
suggestions from its counsel The District
has at all times been more than willing
and ankle us to be fair and just to all
parties in the matter he said. and the
other side had been mplored by counsel
for the District before the present case
CONNER ced to consent to a postponement
of the proceedings until the street extern
sion act Guild he SO amended as to remove
all the objections to the validity of the
law, and so as TO avoid the very difficulties
which now confronted the court in the
fcrcement of the act. But the District had
| said Mr.. Warrington. been charged with
desirir nothing but delay. Hence, now
that the case had gone on. the District
asked thst the law as 1t now stands be
proceeded under until ii is declared to be
i, valid. He had doubt. however, that
il counsel on the other side would join the
District in the effort, the act could soon
be SO amended as to satisfy everybody.
That is all the District desires, he said.
Mr.. Wilson denied that counsel for the
owners had done at any time anything
more than to ask for the enforcement of
the law, or for anything that was not fair
or just.
Replying to an inquiry of Judge Cox both
Mr.. Worthington and Mr.. Wilson said that
they feared nothing would be done by Con-
81 ~ Inc ha''Si VI diuehuihS lHe ACT
until after the court had passed upon the
validity of the law.
Messrs- VIM. Birney, W. L. Cole, Nathan
| lei Wilson and other counsel for the land
| owners then submitted to the court drafts
i of instruction they wished the court to
give the jury They did not materially
| differ, and, for the most part asked the
court to tell the jury that the plan of as
| sessing benefits proposed by the act Is I'M
| constitutional,and that in assessing benefits
| the uncertainty of future improvements
| should be fully considered.
| Judge Cox took the papers, saying he
| would finally pass upon the Instructions at
| the close of the testimony in the case.
| The testimony is expected to be concluded
! Monday, and it is thought the case will
| go to the Jury that or the following day