Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-11
Special Meeting of the Senate Dis
trict Committee.
A STATEMENT BY THE COMMISSIONERS
They Urge the Passage of the
Amended Bill.
THEIR REA SONS GIVEN

a meeting of the Senate committee on the
District of Columbia to assemble at o'clock
this afternoon. The Commissioners indica-
ted that they wished to lay before the COM
mttee, through the district attorney and
special counsel. Mr.. A S. Worthington,
facts and arguments in relation to Senate
bill 80 introduced by Mr. Proctor to amend
an act entitled AN act to provide perma-
nent system of highways in that part of the
District of Columbia lying outside of cities,
approved March .. 1888 The above bill
amends sectcn II of the act referred to to
read as follows.
Section II. That said court in special
term may certify to the Court of Appeals
of the District Of Columbia for decision
there, in the first instance, any question of
law that shall arise during any proceedings
in said court i'll special term under this act.
Any party aggrieved by the final order or
decree of said court in special term liking
the amount of damages, or the assessment
+ for benefits as to any parcel of lan1, may
take an appeal to said Court of Appeals,
and shall be entitled to a bill of exceptions
as in civil cases triable by jury, and said
Court of Appeals may affirm, reverse, or
modify the order or decree appealed from.
Provided, that said Court of appeals shall
consider only questions of law arising on
such appeal From final judgment of said
court IN special term under this act, dis
tributing the damages among contending
claimants. any party aggraved may in like
manner take an appeal to the Court of APP
reals, which court in such cases shall con-
slider both questions OF law and fact.
ANY appeal under this act to the Court of
Appeals shall be taken within twenty days
after the making of the final order or de-
cree appealed from, and not afterward, and
shall be subject to the laws and rules Of
court regulating appeals to said Court of
Appeals. Cases arising under this act shall
have precedence in said court over all other
"a ont rriT al nd tha
cis.on of said Court of Appeals upon any
question arising under this act shall be
final: Provided, That from any Judgment
or order of said Court of Appeals involving
any question as to the constitutionalty of
this act, or of any part thereof, any party
aggrieved may, within thirty days after
such Judgment or order shall be entered.
appeal to the Supreme Court of the United
States. SAID court shall determine Only the
questions of constitutionality involved in
the case and shall have power to make such
special rules and regulations applying to
appeals under this act as may he proper to
bring such cases to speedy hearing and
determination.
The Comm mfssioners' Reasons.
When the District committee met
the Commissioners, through their counsel
were heard. A statement of the reasons
why this bill should pass was given. The
Commissioners urged that the matter be
acted upon by Congress at the earliest pos
sible day, for the following reasons:
when the act of 1898 (27 Stat, 532D for
extending the highways of the city over
the District was enacted the Supreme
Court of the District of Columbia had both
original and appellate jurisdiction two or
more of the justices being empowered at
any time TO hold general term, and in
that capacity to hear appeals from the
special term while the highway act was
pendinS; however. this organization of the
courts in the District was changed by the
act of February ., 1873, (21 Stat, 43i0
creating a Court of Appeals in the District
This act abolished the appellate jursdic-
tion of the general term and transferred it
to the new Court of Appeals.
Before the bill creating the Court of APP
peals had become a law, ana while it was
pending in Congress, the highway eXten-
sion act became a law. But when the act
creating the Court of Appeals was passed
it was provided that it should rot take eff
feet until the third day of April 1888. The
result is that there is grave doubt as to
whether the appeal which is allowed by
the highway act from the rulings of the
special term of the Supreme Court Of the
District in the proceedings relating to the
condemnation of land ana the assessment
of adjoining property lies to the Court of
Appeals or to the general term Of the Su-
prcme Court of the District. There is also
provision in the highway act tsection 10
which authorizes the judge sitting in spe-
cial term in these condemnation proceed
ings to certify to the General Term any
question Of law that may arise. And of
course the same ambiguity as to whether
this certificate is to he TO he Court in Cen
eral Term or to the Court OF Appeals ex-
lists. In addition to this, the highway act
fails to provide for appeal to the Su-
preme Court of the United States. While
1t is very d. sirable that these condemna-
tion proceedings shodid be conducted to
final issue as speedily possible, Ii is of
course impossible even were it eXpedlent
to prevent a question as to the constitu-
tionality of the entire act being taken to
tba rrt ,Nf n cd
because often when the condemnation pro-
oeedngs at an end. and the govern
ment is about to take possession OF any
property condemned, the owner may file
bill for Injunction, claiming that the pro-
csedngs are unconstitutional, and in that
way delay proceedings for months and
years.
The Dill Submitted.
IN the bill which we have submitted, and
to which we now call your attention, it is
provided that the appeal from the special
term of the Supreme Court Of the District
in condemnation proceedings shall lie TO the
Court of Appeals
That the court is the sole appeal court
now in this District except in cases which
may be appealed to the Supreme Court CT
the United States. This bill further pre-
vides that all questions to constitution
ality of the act. or any part of it, may be
reviewed by the supreme Court of the
United States. by an appeal from the judS-
ments of the Court of Appeals.
1.-THE Supreme Court of the District, in
special term, Mr. Justice Cox presiding, is
now engaged in the consideration Of the
first of these cases. In a few days there
will be a final judgment in the case, and
the parties aggrieved, whether the District
or the land owners. will be at loss to
know whether they shall take their appeal
to the Court of Appeals or to the general
term of the Supreme Court of The District.
And even II an appeal should be taken TO
the Court of Appeals. and that court should
decide that it was rightly taken the ques-
ticn of jurisdiction might afterward be
raised by bill in equity on the part of the
land owners, and be taken to the Supreme
Court of the United States, and that court
might hold that the Court in General Term
was the proper appellate tribunal These
Important proceedings are therefore in
volved in such doubt to the proper way
of proceeding in order TO reach a fra!
termination that there is great danger that
they may come to nothing, when the b;Ii
now submitted will clear TIP all these am
biguiti.s and give all parties a clear and
speedy remedy by appeal to the Court of
Nppeals On all questions and to the STU
preme Court of the United States on ques-