Evening star., 1895-04-16
MANDAMUs GRANTED
The Commissioners Required to Record a
Suburban Subdivision.
Questions That Depended on the Pro-
Avenue-SigniHcant Suggestions.

The case of Eleanor Goodfellow ct al.
against John w. Ross, president, and the
board Of Commissioners of the District OF
Columbia was decided today in Circuit
Court No 1 by Justice Andrew Bradley,
and resulted in the granting OF the demand
Of the REALTORS that the Commissioners be
compelled to approve and accept and make
part of the land records of the District of
Columbia plat of the subdivision known
as the subdivision Of the property of the
heirs of R. Y. Brent, deceased.
In the subdivision or plat in question
it was claimed in court that the streets
were laid out in accordance with the exist
ing plan of the city. The property is sit
ueted on the Brentwood road, east of the
northern portion of lexington. The Com
missoners, 1t was alleged, declined to sane
ticn the plat submitted, unless a strip along
the western edge of the property was do
mated for future extension of Delaware
avenue. The owners Of the property main
tanned that direct extension of Delaware
avenue would not come within several hun
dred feet of their proposed subdivision at
any point.
The Mandamus Proceedings.
They objected to giving their land for the
purpose of extending Delaware avenue, and
upon the final refusal by the District Com
inissoners to approve and file the plat they
began mandamus proceedings to compel
the Commissi oners to accpet the plat and
place 1t on file as part of the land records
Of the District of Columbia. The case was.
beard by Justice Bradley, Mr.. E. NJ. Fulton
and MIR. George e. Hamilton appearing for
the complainants, and Messrs. S. T. Thom-
and A. b. Duvan representing the Dis
trict. The arguments were remarkably
candid, especially In the case of Mr.. HAM
ilton. While defending the course of the
Commissioners in their intention to divert
Delaware avenue from it's original direction
and run 1t some degrees further to the
northeast for considerable distance the
attorneys for the District said that the
Commissioners were inspired in their action
by a desire not to affect the Hne of the
Metropolitan branch of the Baltimore and
Ohio railroad.
MIR. Rnmilton's Suggestion.
Mr.. Hamilton, who happens to be the at
torney for the Baltimore and Ohio railroad,
sarcastically remarked that It was well
known what a very warm and affectiontte
regard the District Commissioners had for
that corporation and inquired If 1t was not
more reasonable to suppose that the pro-
posed diversion of Delaware avenue was
inspired by desire to protect the property
of Mr.. George Truesdell, one of the District
Commissioners and the of lexington,
which subdivision would be tfayersel in an
injurious manner by the avenue il 1t was
continued in accordance with the original
plan OF the city and the Intention of Its
founders. After the case vas argued 1t was
submitted for consideration and this MORN
ing Justice Bradley rendered his decision
He merely announced that he decided that
the writ Of mandamus upon the District
Commissioners asked by the realtors should
be issued as requested, saying that he would
file his fall opinion later.