The morning times., 1895-11-23
MADE 4 FtAAK MOVEMENT
Commissioners latest Step in
Street Extension Suits.
REQUEST TO JUDGE HsRMON
Attorney General Asked to Give Or
ders to District Attorney Birney to
Demand Full Thirty Days n otice for
Appearance in the Condemnation
, roceedings-Furtfier Delay.

The contention in the matter OF street
extensions, under tue plan recorded by
the Commissioners as the first section
under the provisions of the highway act,
a hearing In which was given hy Chief
Justice bingham, IN equity court, No. /,
on Thursday, acquired new interest yes
terday, and humber of tue attorneys
for the petitioners for greater expedition
in the proceedings were considerably eX-
ercised over the developments.
1t was stated to Tie Times by several
of the attorneys that the District Gem
missioDers had gone or would 20, to
Attorney General Harmon with a request
for an order from him to District Attorney
BirDey, not to appear in the proceedings
on behalf OF the United States at this
juncture upon the notice received but
demand the full thirty days notice.
The significance OF this move, as pointed
out, was only apparent when considered
with what had previously transpired.
PUT THE ATTORNEYS IN \ HOLE.
Mr.. Birncy had stated before Chief JUS
tice Bingham, at the hearing ON Thursday.
that he would not require the full notice,
but would appear at any time upon notice
OF a day or two. This placed the attorneys
for the District in a hole, the petitioners
claimed, for without the cooperation
OF the United States Attorney they were
liable to lose their motion for continuance
as to all cases where all the petitioners
had filed answers.
consultation was had, several of the
contesting lawyers being present, and
letters were written stating their objec
tiODs to such procedure A messenger
was dispatched with these letters To the
Department OF Justice, with Instructions
to deliver them TO the Attorney General.
The substance OF the communications was
in part request that no such order should
be given, and they were to be delivered
to General Harmon in any event, whether
the request of the attorneys for the District
were filed or not.
CASES MAY BE PASSED.
When seen yesterday Mr. Rirney said he
had received no communicate from Gen.
Harmon It was evident that tue district
attorney had heard Of the proposed appli-
cation for the order, but lie did not say So
and volunteered no Information.
The situation of these several interests is
stated by an attorney to be that where all
the clients have been heard from in response
to the notice, upon which the limit expired
November 10, the cases may be pressed
TO determination. This is true OF IDgle-
side. subdivision. the B. F Leighton sub
division, and probably others In tue former
there are about fifty respondents; in tue lat
ter about Twenty-Five. Mr.. Chaplin Brown,
for the 1uglestde petitioners, on Thursday
conceded the contention for the thirty
days upon the promise OF the attorneys for
the District that they would cooperate
thereafter for expedition in tue matter, but
In the other case, In which Mr.. W. L. Cole
was counsel, there was no concession. and
fIe stated yesterday that he would press for
action and would ask again that the marshal
be authorized to summon tue jury to assess
the damages. He had heard, also, that
others would do the same.
The claim is that an additional notice, as
asked for, win carry the cause over into
December, just fu advance of the Christas
holidays, aud that the proceedings can then
be further prolonged upon some plea or
other. placing final determination beyond
the reach OF the next session of Congress, in
case that body shall require the full six
months for consideration, and this, it is
predicted, will be the case, since Congress
is proverbially slow in perfecting Dis
trict legislation.
The case will be further heard in the
equity court today, consideration of it
having been postponed from Thursday to
give the counsel opportunity to agree upon
theform of the notice asked for.