Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-19
STREET EXTENSION
The Districts Answer to the Tin
gles' Suit Filed.
EFFECT OF TEE PROPOSED MAP
Land Not to Be Taken Without
Compensation.
BCr OF TIE PROPOSED MAP
THE CASE CONTIN UED

Attorney fer the District S. T. Thomas
filed today In Circuit Court No. an
answer Of the Commissioners to the bill of
complaint and amendment brought against
them by A K and E. J. Tingle.
The present street extension plan results in
taking nearly all of the four and half acres
belonging to the complainants for use as
streets and a small triangular park, leav-
ing Mr.. Tingle's house partly on a portion
of the property not SO used and partly in
the public highway. The ground left for
his use comprises narrow strips of land,
and the grading of the streets through will
be very heavy.
In their answer the Commissioners say:
Occupancy of the Land.
answering the third paragraph of the
ell, we say We have no knowledge as to
how long the compiainants have occupied
their property. except such as we gain
from the reading of said paragraph, but
we deny that said property is greatly i'm
proved, adorned and beautided, or that
the complainants have built thereon COM
modious barns and other outbuildings; we
also deny that because the complainants'
dwelling is located back of the public
street, or Spring road its value is en-
contrary, We say the improvements upon
said lands. and the trees thereon, do not
add materially to it's value.
Preparation of the Map.
answering the fourth paragraph of the
bill, these defendants say it is true that by
virtue Of an act of Congress approved
March 2, 1893. entitled AN act to provide
a permanent system of highways in that
part of the District lying outside of cities
they mad prepared section No. of the plan
Tor permanent system of highways, en-
bracng that portion of said District includ-
ing the compllinants premises, and that
they nave made map Of said section on
Wnlch appear streets, avenues and resecva-
tons. but they have not assumed to dedi-
cate any par. Of the coIap!ainants' lani TO
public uses, but have simply, as executive
onlcers, done what the statute requires
tnem TO do, viz, prepared section No. l Of
the plan for permanent system of high
ways. These defendants submit with their
answer hereto plat of the part of said
section embracing the land of the complain
ants showing the streets, etc, laid out by
them, in said section upon and in the inn
mediate vicinity of the complainants' land:
tnat the area ot the complalnants lani re-
quired for streets, and also the area left to
them appears upon said plat, an,i further
that the land left to the complatlants by
reason OF Its frontage upon ali established
tnoroughfare in conformity with the Plan
or the city of Washington is more valuable
to them than the entire tract was before
fronting as it did upon narrow road not In
conformity WITH the plan of the CITY,
Not Formally Approved.
Answering the sixth paragraph, the de.
fendants say that on or about the o1tb
day Of April. 1895. they approved, certified
and delivered to the commission provided
for in section = of said act of Congress
section No. l of the plan for the extension
OF a permanent system of highways over
q iof ivo1
OF the complainants for the final approval
of said commission; that said commission
has not yet formally approved said Sec
tion. These defendants deny that the street
shown on said plat, running east and west
through the land of the complainauts is
not required for public convenience, or that
the same is not consistent with economy
of expenditure, ETC. On the contrary, we
say that said street is necessary for public
convenience, and is consistent with econo-
my of expenditure, and that said boulevard
(avenue), reservation and street shown on
said plat are each and all authorized by
law, and in conformity with said act of
Congress.
Not without Compensation.
Answering the seventh paragraph of
the bill, the defendants deny that the filing
of the said map for record in the office OF
the surveyor of the District will be a TAX
ing Of the property of the complainants for
public uses, without compensation, or that
such filing will operate to their great and
irreparable injury. On the contrary, these
defendants aver and charge that the re-
cording of said map will not deprive the
cCmplainants of their property without just
compensation, inasmuch as said act Of Con-
gress provides specifically for such compen-
sation and protects all the rights of the
Ccmplainants.
Answering the eighth paragraph of the
bill, the defendants say 1t is true that they
intend to file and record said map as soon
the same Is approved and delivered to
them, unless enjoined from SO doing by this
honorable court.
PENDANTS deny that the filing of said map
with the surveyor of said District will be
setting apart, appropriating or taking of
the property Of the complainants for public
use, wholly without compensation and to
their great and irreparable injury. On the
contrary, the defendants say that such will
not be the case; that the record of said
map will result in no injury whatever to
property is required for public uses it will
only be taken on just compensation being
made. as provided by said act of Congress.
Not Entitled to Relief.
These ''eaendants, further answering,
say they are advised by counsel that the
complainants have not made or stated such
a case in their original and amended bill
as entities them to any relief in court of
equity, and they pray the same benefit and
advantage of this suggestion as though
they had specially and formally demurred
to said bill and the amendment thereof for
want of equity.
'And now having fully answered so far
as they are advised, 1t is material and nee
essary for them to answer, these defend
ants pray that the restraining order here
tofore issued in this case be discharged
and that they be hence dismissed" ETC.
The answer is signed only by Commits
sioners John w. Ross and Chas. F. Powell
Judge Cole continued the case until
Thursday morning, when Judge McComas
will he presiding. and will take up the
matter.
A STRIKE AvERTED.