Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-26
NO MONEY PROVIDED
Halt Called in the Street Extension
Cases Today.
POINT RAISED BY ATTORNEY THOMAS
No Funds Appropriated for Paying
Jurors and Witnesses.
CONSULTATION TO BE HELD

1t was hoped and expected by some of
the hundreds of owners interested in the
approved section l Of the plan Of street ex-
tension that one or more of the A cases
would be so prepared that the condemna-
ton proceedings might go on today. But
the cases struck a snag this morning,
which some think may put an end to the
pending proceedings.
When the case was called before Chief
Justice Bingham in the District Court this
morning. Mr.. S. T. Thomas, the attorney
for the District, informed the court that
while his office had been diligently at work
in preparing a list of the 95 per cent of tho
thousand or more interested parties who
had failed to put in appearance in obe-
dience to the published notice. the list
would hardly be completed before tomor-
row. Therefore said Mr.. Thomas. it would
be impossible to present the list to the
court today, as he had-hoped. Until that
list had been fled the court could not, of
course, sign the order for the personal
service OF the incorporating Interested
parties. He, therefore, suggested that the
iHStter go oyer until tomorrow,
Chief Justice Bingham so ordered, when
Mr. VIM. Birney, on behalf of some own
ers in Denison and Leighton's subdivision
residents. and 1t could be shown that 1t was
case affidavits had been filed, showing that
all out two Of the interested parties had
noted their appearance. in obedience to the
published notification. The two parties not
appearing, explain ed Mr. Birney, were nom
residents. and it could be shown that was
impra acticable to serve them with notice.
He asked, therefore, that the jury of seven
appraisers be at once appointed, that the
condemnation proceedings in the particular
case referred to might Immediately go on.
No Money Provided
But here it was that the serious obstacle
above referred to was encountered, when
Mr.. Thomas called the courts attention to
the fact that the street extension act made
no appropriation for either the payment of
the jurors or for the other necessary judicial
expenses in the condemns ton proceedings.
These jurors, said Mr.. Thomas were en-
titled to s. each for every day of service
He doubted very much that such expenses
could be paid out of the regular court ex-
penses and he, therefore. suggested that the
opinion Of the Attorney General be had be-
fore jury was appointed in any of the
cases.
Mr.. c. H. Armes thought that the ex-
penses could be paid out of the appropria-
tion for the contingent expenses of the
United States courts, but Chief Justice
sent for Deputy Marshal Robson, who
stated to the court that unless the Attor-
ney General SO decided the marshal would
not take the responsibility of paying the
jurors and witnesses in the street exten-
sion proceedings out of the appropriations
made for general court expenses.
Chief Justice Bingham then directed the
marshal to confer with the Attorney Gen.
eral in the matter, and adjourned the hear
Ing until tomorrow morning.
Thinks S5O,OOO Needed.
Speaking to a Star reporter about the
matter, Mr.. S. T. Thomas said that he is
Of the opinion that unless the Attorney
General holds that jurors and witnesses in
street extension cases can be paid out Of
the appropriations for the United States
courts, neither Jurors can be appointed nor
witnesses called in any of the forty-seyen
cases. Fully 1900 parties We're Interested
in these cases, and he thought that $4,000
would not begin to pay the expenses. Be-
heving that about every one of the 1000
parties interested would ask TO be fully
heard, he thought that fully year would
be occupied in hearing all the cases.
The street extension act made no appro-
pr:ation for the payment of jurors wit
nesses, ard he was confident that both the
Attorney General and the Treasury De-
pArtment officials would hold that they
cannot be paid out of the appropriations
for the United States courts. He therefore
feared that until Congress made the nec-
essary appropriation the condemnation pro-
oeedines cannot go on.
Opinions similar to that of Mr. Thomas
were also expressed by several of the coun-
sci for the owners, and it seemed to he
generally feared that until Congress acted
nothing could be done.
To Wait for Pay.
when reporter OF The Star called Com
missioner Ross attention to the point
raised by Attorney Thomas with reference
to the absence of an appropriation to pay
the jurors engaged in condemnation pro-
oeedings. in accordance with the highway
act, he said
There will hardly be any trouble on that
point. While 1t is true that there is no
money to pay the Jurors. l do not anticipate
any trouble in getting jury willing to wait
for their pay. This is an act of Congress,
you know, and there would seem to be little
danger of loss. If We can find jury willing
to wait for their pay, We will include an item
for the same in the deficiency bill"
The marshal this afternoon saw the OFF,
cials of the Department of Justice and the
treasury. The matter as to the right to pay
the Jurors was referred to Controller Bowler.
who said he would send his decision to the
court tomorrow.