The morning times., 1895-08-31
EXTENSION LAW UPHELD
Tingle Injunction Petition Against
the Commissioners Dismissed,
Recording of Plans Does Not Constitute
SeizureofProperty- Damages Are
ii 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 ., 1898, which makes
provision for permanent system Of high
ways beyond the prcsnt city limits.
The petition was filed on April - last by
Amory X and E J Tingle, whose suit
was prosecuted by William A. McIoy The
Commissioners were represented in court
by Messrs. Thomas and DuvaH, 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
veuience shal lrequire the opening OF any
highway on such map. may make applica-
tion TO this cuurt 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 tu condemn such lands
for such highway. and that a 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
vided
The filing OF this map is preliminary
proceeding This proceeding so far is not
taking OF private property for the public
use or one that must necessarily result in
such taking It is only a preliminary be-
gun for the purpose OF asCertaining the
quantity aud 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 OF give him right to enjoin
its agents. This doctrine is tablished-
1T cannot be said in q leEaIsunse that the
land has been taken until the act has trans
pired which divests the title. SO long as
tie title remains in the owners, so long sthe
! land remains unchanged, so long as thepos-
| session Of the owners is undisturbed, there
! has been no taking. Congress has prescribed
! the proceedings by which the taking may
! be effected, and the time a 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.
In order to fulfin its purpose the
1 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 a 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,
! Useandenj joyment olproperty 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 II here
! after the land be taken they may be paid
J damages for the bettermcnts and improve
ments
This statute gives the Commissioners no
such power over the lands Of the com.
| plainants; it sanctions no restraints upon
the complainants' rights to sell nr build
on this land.
"other hardships have beensuggest ted, but
the courts cannot prevent them. Some of
them Congress may relieve by legislation,
others are necessary incidents of 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. MelIoy 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.