Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-15

commissioners to appoint seven commits
s,oners to appraise and report to the court
the respective values of the lands proposed
to be taken, provided the persons interested
were given thirty days notice. Notice.
under Judge Cox's order, was given by pub
LEGATION of the order to show cause in The
Star, Post and Washington Law Reporter
twice a week for three weeks. 1t was,
until today, generally supposed and be-
leved indeed, that such notice was all
that was required by the act but a Star
torney for the District will contend that
notice by personal service is required.
That Is, the Districts legal representa-
tive will contend that in those cases, at
least, where the parties interested the
land owners) shall have failed to enter
their appearance in court not later than
today notice of the proposed condemna-
ton proceedings will have to be given by
personally serving such parties with notice.
Opposition Expected.
number of the parties interested, par
ticularly those who had formally entered
their appearance or filed their answers, re-
marked, when they learned CT this position
of the Districts attorney, that 1t was SIM
ply ruse on the part of the District Com
missioners to delay the proceedings until
they could secure the passage of an act
curing certain alleged defects in the street
extension act Any delay in the proceed
ings, however slight, will almost certainly
be resisted by the owners of the lands pro-
posed to be taken; and hence. when the at
torney for the District comes to court,
probably tomorrow or Monday morning,
and asks that those owners who failed to
answer or put in an appearance be served
personally, the motion will, it is believed,
be stoutly opposed.
Their Claim.
The territory embraced within the limits
of section one of the proposed plan of street
extension, the one now before the court
runs from North Capitol street on the east
to Rock Creek on the west, and from Flor
ida avenue on the south to the District line
on the north. No less than forty-seven
tracts are named in the petition of the Dis
trict Commissioners, and 1t is said that
more than a hundred owners of the land in
those tracts are made parties in the proceed
ings. The great majority, practically all,
1t is said, of the interested parties are willing
that their lands shall be taken. But they
insist. however, that some provision shall
be made for the immediate settlement of the
case. That is, the owners. contending that
the proceedings already instituted amount
to a cloud on their title to their lands. pre-
venting them from in any way dispoSing of
the lands, as well from obtaining loans
On them, will not oppose the taking of their
property If provision be made for payment
for the lands taken in n reasonably short
time.
Personal service, such as is contemplated
by the District in those instances where
necessitate, it is claimed, a delay of all
condemnation proceedings for twenty days
at least, inclusive of Sundays and legal hol-
days. That would delay the condemnation
proceedings until the 18th of next month
at least. it is claimed and it is believed
that if the proceedings should be that much
longer delayed Congress would not receive
the report OF the appraisers in time to ap
propriate the sum required to reimburse
the owners for the lands taken before its
adjournment next summer. Hence. it is
claimed, the lands in controversy would be
tied up for about two years, and that would
be a hardship which the owners think
should be avoided.
Laws COnstitutionality.
While it Is understood that no real oppo-
stion will be made by the parties interested
to the condemnation and taking of their
lands, provided an early and reasonable
settlement be made therefor by Congress,
yet the constitutionality of the street ex-
tension act will be questioned by some cwn-
ers. at least. Those owners who will so
proceed are represented by Attorneys
Chaplin Brown and Arthur H. OConnor,
and on behalf of such parties they today
filed answers. These answers are practic-
ally the same in each instance. and read as
follows:
Now comes -, one of the persons inter-
ested in the proceedings in the above enti-
tied cause, and by Chaplin Brown and Arthur
H. OConnor, his attorneys, appears pursu-
ant to the rule of the court issued herein on
the I'd day of October, 1895, and says: That
he is the owner of certain land involved in
these proceedings, the same being lot -, in
Llock =, in said subdivision, and for cause
should not be granted, and why the court
should not proceed as directed by the act Of
Congress in said rule mentioned, respect
fully shows:
"dJ That said act of Congress in said rule
mentioned is in violation of article five O. of
the amendments of the Constitution of the
United States and is void; in that the said
act makes no provision for the payment of
taking for public use of the private property
involved in these proceedings.
"(2) That the things to be done under said
act of Congress are and the purpose of the
same is, for the benefit Of the general public
in the District of Columbia, and the pro-
vision in said act requiring one-half of the
expense and cost thereof to be assessed
upon property to be found by the jury in
said act provided for. to be benefited there
by, is in violation of article five o. of the
amendments of the Constitution of the Unit
ed States and Is void.
"(3.) That all of the provisions of said act
of Congress are vague and uncertain, and
incapable of enforcement at law and there
fore void
One or the Other.
Although such objections are urged
against the legality Of the proposed con-
demnation proceedings. it is generally
agreed that all opposition will cease the
moment it becomes apparent that Congress
will promptly make the necessary appro-
priation. 1t Is estimated that the lands
proposed to be taken comprise between five
and six million square feet and 1t is be-
lieved that fair appraisement will re-
quire an appropriation of between $6.OO0,O0O
and $7,O00,OOO That Is an amount which
not few of the parties to the case believe
Congress will refuse to appropriate. Hence
that is another reason why the owners of
the lards are SO anxious to have the find
ings Of the appraisers submitted to Con-
gress at the earliest practicable day, that
either the required sum may at once be
appropriated or Congress may stop further
proceedings by refusing to make the appro-
priation, thereby removing. in either ac-
ton. the cloud which now ties up the lands
in controversy. AS one of the owners re-
marked to a Star reporter today, Zone
thing or the ether should be done at once,
and one of those two things We are deter
mined shall be DONE"
Vice President Stevenson last night de-
MED the statement attributed to him that