The morning times., 1895-08-30
EXTENSION LAW UPHELD
Tingle Injunction Petition Against
the Commissioners Dismissed.
Recording of Plan rs Does Not Constitute
SeizureofProperty- Damages Are
Question of the Future.

Judge McComas yesterday rendered hisde-
cision in the Tmgle injunction suit against
the District Commissioners. He discharged
the temporary restraining order. dismissed
the plea for an injunction and sustained
the act of March ., 1893, which makes
provision for a permanent system Of high
ways beyond the prcsnt city limits.
The petition was filed on April ~ last by
Amory X and E ] TingIe, whose suit
was prosecuted by William A Meloy. The
Commissioners were represented in court
by Messrs. Thomas and Duvall, attorneys
for the District.
In the delivery of his opinion the court
said:
The act before me provides that the
Commissioners, at any time thereafter,
when in their judgment the public con
venience shal lrequire the opening OF any
highway on such map. may make applica-
ton to this court for the condemnation and
opening of such highway; that this court
shall have hearings, after due notice,
both public notice and personal service,
before proceeding to condemn such lands
for such highway. and that jury shall
try the questions. The question of damages
and compensation are guarded by this act.
The mode of paying damages is set out.
An appeal for owners aggrieved is pro
vlded
The filing OF this map is preliminary
proceeding. This proceeding SO far is not a
taking OF private property for the public
use or one that must necessarily result in
such taxing. 1t is only a preliminary be-
gun for the purpose OF ascertaining the
quantity and location of property proposed
TO be taken.
Acts done in a proper exercise Of gov
ernmental process and not directly en-
croaching upon private property, though
their consequences may impair its use, are
universally held not to he a taking
within the meaning Of the Constitutional
provision They do not entitle the owner Of
such property to compensation from the
United States or give him right TO enjoin
its agents This doctrine is estab blished-
1T cannot be said in a legalseIise that the
land has been taken until the act has trans
pired which divests the title. So long as
the title remains in the owners, so long as the
land remains unchanged, so long as the pos
has been no taking. Congress has prescribed
the proceedings by which the taking may
be effected, and the time al which and the
mode by which the taking may be effected
if hereafter the public convenience shall re-
quire that one or more Of these highways
be opened across the complainantS' land.
I'm order to fulfill its purpose the
scheme Of streets and highways beyond
the boundary OF this city must be estab-
lished according to a general system and
must be projected upon map when
established. The filing of such a map does
not deprive the owners of any substantial
right in their lands, does not cloud their
title nor interfere with their possession,
| useand enjoyment ofproperty. The property
| may never be taken. Meanwhile the wners
can do as they will with their own. They
may cultivate their lands plant vineyards,
| or excavate the soil. They may build
| houses in the proposed highway. If here
after the land be taken they may be paid
damages for the betterments and improve
ments.
''Ths statute gives the Commissioners no
such power over the lands of the COM
plainants; it sanctions no restraints upon
the cOmplainants' rights to sell or build
on this land.
"Other hardShips have beensuggested, but
the courts cannot prevent them. Some of
them Congress may relieve by legislation,
! others are necessary incidents of a wise
| plan of public Improvement Of the Federal
City"
A number of lawyers were present at the
reading of the opinion by the court At its
conclusion Mr.. Melloy signified his inten
ton of making an appeal, which will be
noted as soon as he is able to prepare the
| papers in the case.