Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-23
OWNERS FAIL TO APPEAR
Court Ready When Service Has
Been Made.
TO COME UP TUESDAY


proved plan Of section 1 came up before
Chief Justice Bingham in the District Court
today, and. after a general discussion OF an
hour or more, the court directed that be-
fore the request of the District Commits
sioners for personal service on those own
ers who failed to answer the published
notice should be granted, the District
should file statement showing just what
interested parties had failed to appear.
Counsel for the owners in Denison and
Leighton's subdivision announced that all
owners in that tract had appeared, and
they therefore moved that that case be pro-
ceeded with at once, and the jury of ap-
praisers be Immediately appointed But the
court directed that the various owners in
that subdivision should file in court a state
ment showing that all parties interested
had appeared, when. the court intimated,
the jury would be appointed. Counsel for
the owners in Ingleside and Holmead Manor
made similar motion, with the result that
the court ruled as in the first-named sub
division.
The case came up on a motion of Mr. 8.
T. Thomas, the attorney for the District,
that the court direct the marshal to per-
sonally serve those owners who had failed
to put In appearance In obedience to the
published notice, to appear on some day
next month.
Mr.. Nathaniel Wilson replied that it SEEM
unnecessary, but was also inconsistent
with the street extension act, in that the
act authorized the court to determine what
parties should be served with notice.
Have Not Appeared.
Mr.. Thomas explained that not more than
5 per cent Of the parties interested had
appeared, and In some of the subdivisions,
some Of the most important ones, none Of
the owners had put in an appearance.
Chief Justice Bingham thought that 1t
should appear to the court that owners
had not appeared before request for fur
ther service could be asked for. That is.
he said, the court must first lind judcally
that certain owners had not appeared.
when, upon such finding the court would
direct service by the marshal
Mr.. A. S. Worthington special attorney
for the District, stated that they had re-
quested the District assessor to prepare a
list of all owners. Then 1t could be ascer-
tanned what parties had not appeared. when
the marshal could personally serve those
who had not appeared. That done, the
court then could decide whether all parties
interested had been served whom It was
practicable to serve. sEr. .-s
The court however decided that the Dis
trct should first inform the court what
owners had failed to answer the published
notice, when the order for personal service
on them could be made.
One Subdivision.
Counsel for the District promised to 70
inform the court at the earliest practicable
day, and then Mr.. Nathaniel Wilson in
formed the court that all of the owners in
De liscn and Leighton's subdivision had
put in an appearance. He therefore asked
the court to at once appoint the jury of
seven appraisers in that particular case.
that the condemnation proceedings might
at once be proceeded with, the attorney for
the. United States having accepted service
of notice.
Mr. Worthington objected however mold
ing that there was nothing but the oral
statement of counsel to show the court
that the parties interested had been served.
Hence, before the jury could be ordered
in the case in question he held that the
court must find that all parties had ap--
proved. He also fntimated that personal
service was still necessary.
Mr.. Wilson thought not, and he remarked
that If it should appear after the con-
demnation proceedings had been COM
menced that some interested one had failed
to appear, that party would lose nothing
by appearing later. Each subdivision, he
declared stood alone, a separate case, and
could be proceeded with even though other
cases were not ready. He also stated that
cases AIS, 419 and 40, in which the extern
sion of 10th street from Florida avenue to
Piney Branch road was involved, were
ready.
When Ready.
Chief Justice Bingham thought, how
ever. that the parties interested in the
three cases should file affidavits showing
that all had appeared Then, If 1t appear
ed to the satisfaction of the court that all
owners interested had appeared. the court
would appoint the jury in those cases and
direct the condemnation proceedings TO go
on. But until 1t SO appeared to the court
such directions could not, of course. be
given. The court agreed with Mr.. Wilson
that each tract or case was a separate
proceeding. and could be carried on inde-
penGently of all others.
The courts suggestions met the approval
of both Sides and 1t was agreed that coun-
sci in those Eases in which all the interest
ed parties have appeared should file proof
of that fact in court Tuesday next, when,
Chief Justice Bingham intimated, he would
appoint juries in all cases then ready. Mr..
A. H. OConnor stated that the parties in
Ingleside would then be ready, AID Mr.. A.
A. Lipscon b made a similar announcement
on behalf Of owners in Holmead Manor.
The case was then adjourned until next
Tuesday.
Speaking of the published statement that
counsel for the District Commissioners had
requested Attorney General Harmon to
direct District Attorney Birncy to decline
to accept service in the street extension
cases on behalf of the United States, Mr.
s. T. Thomas. the attorney for the Dis
trct, stated to a Star reporter that thu
story was not true. No such request had
been made. he said, and none would be
made.