Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-05
COURT OF APPEALS
Some Important Decisions on Local Gases
Rendered.
The Barbour Condemnation Proceed
ings and a Damage Cnse-In the =
Case of Sureties.

II the Court Of Appeals after the court
had adjourned yesterday a number Of
opinions were handed down. One Of the
cases was that of Mrs. Annie +. Barbour
against the District, arising out of the
proceedings for the cond smnation Of land
for the extension of North Capitol street.
The commissioners appointed to make the
condemnation were instructed to consider
the effect of the Improvement upon the
property involved, and in case of benefits
to deduct the estimated increase in value
from a fair valuation Of the property and
to add any damage to the remainder Of
any tract to the price Of The part taken.
The commissioners reported upon the part
of Prospect Hill cemetery that was needed
a valuation of $45, 724 and damages to the
remainder of the cemetery assessed at
1882, while"they placed ut 81 ,GIS the value
of the ground needed to be taken from the
tract belonging to Mrs. Annie +. Barbour.
They assessed special benefits to the Bar
bour tract at SIS, $50.
They recommended the payment to Mrs.
Barbour of s2,54S, but when the approval
of the Supreme Court of the District was
sought the proposed assessment Of bene-
fits to the Barbour property was set aside.
The District noted IN appeal, upon the
ground that proper instructions mad not
been given upon the point of special bene-
fits, and that the valuation made by the
appraisement commissioners was excessive
In affirming the Judgment of the lower
court the Court of Appeals holds that the
instructions in regard 10 special benefits
were correct, and that the disallowance Of
the $1S,53O of benefit to the Barbour prop
erty was proper.
1t will be enough, says .he court, to col
lect for special benefits wnen the improve
ment has actually bean made. 1t is mani
testify unfair to collect by deduction from
h1
amount estimated for supposed advantages
to the remainder of The tract, when these
benefits will only accrue, If ever after the
street is actually extended.
On the other hand, the damage to the
remainder Of the cemetery, by taking part
for the street, will be contemporary with
the transfer to the government, and the
$o,962 damages to the cemetery, by reason
of it's decreased desiraoili.y as u burying
ground, should be paid ut once.
The question whether the land will ever
be taken for street mead not enter into a
consideration of the natter. Tha govern
ment Is certainly at liberty to take the
ground or leave it.
The condemnation proceedings impose no
obligations upon the government 10 COM
plete the trade. The act of Congress Of
1884, 1t Is stated, cannot nullify the pro-
ceedingS in court. Unless all coudemna lion
by the courts of lands for public use are
mere farce the governm emit is Just as much
bound by the findings under condemnation
dS Is TIE
II the government elects to take the
ground, 1t must pay the full price to Mrs
Barbour and other claimants to the same
tract.
Against Railroads.
In the case Of Margaret L. Hickey against
the Washington and Georgetown and the
Baltimore and Potomac Railroad Com
panies, In which the plaintiff recovered
$4,000 damages, the judgment of the lower
court was affirmed. This was a case in
which Mrs. Hickey, a passenger on the
street railroad, suffered injuries in COLI
sion between the car and an engine at 1th
and Maryland avenue
The Judgment of the lower court was also
affirmed in the case of George Gibson and
the American Surety Company of New
York against George A. Sheahan and Ed
win Mcleod. Mr.. Gibson and the two de-
PENDANTS were sureties on the bond of An
ton Karl, disbursing agent of the Interior
Department in 1889.
Karl paid the American Surety Company
S2OOO in consideration of their agreement
to secure Mr.. Gibson against loss upon
Ksrrs bond. Karl defaulted and the sure
ty company had to pay the government
1t sought to collect two-thirds of this
amount from Messrs. Sheahan and Nc
Iced, the other bondSmen, but the Court of
Appeals holds that they were entitled to
the indemnity the company agreed to give
Gibson.
The appellate court sustained also the
Judgment OF the court below in the case of
w. F. Hoffman against William G. Doug
lass for possession of the lot occupied by
Richard Rothwell stone yard.
Columbia Historical Society.
A meeting of the Columbia Historical
dence of the president, DIR. j. NJ. Toner.
A MAJ piviD0 of Peter CASA
nave, who was mayor of Georgetown in
1892, and a substantial citizen of that place,
was read by Mr.. j. L. Duhamel Mr.. Casa
nave invested in property both in this city
and in Georgetown and the facts given in
regard to the location of the lots and the
prices at that time, which constituted a
good portion of the paper, formed an in
teresting historical contribution.
A sketch was given of the progress in the
evolution of the scientific societies of this
city by Prof. Marcus Baker, the secretary
ton of the Philosophical Society in 1871,
Prof. Henry being the first president, and
then traced the gradual formation of the
various societies devoted to specialties,
others. He spoke Of the movement toward
the confederation Of number of these So
cieties and the organization of a commits
sion composed of the representatives OF
Remarks were made by Prof. Cleveland
Able, Mr.. Spofford, DR.. Busey and others.
A suggestion was made in regard to a con-
federation which should include all of the
learned societies Of the city, and Prof.
Baker said that he would be glad to have
the matter brought to the attention of the
representatives of the societies.
Drum Corps and the Old Guard.
Hundreds of friends crowded National
Rifles Armory last evening to participate
in q complimentary testimonial to the Old
Guard and the Mount Pleasant Drum
Corps. Capt. ]. NJ. Edgar opened the ex-
ercises with a short address, in which he
thanked his hearers for their attendance.
An enjoyable musical and literary program
was then rendered by the following: Prof
Scharf's Juvenile Orchestra, Mrs. J. L.
Davis, Master Arthur Plant, the Mount
Pleasant Brass Quartet Mr.. George O'Con-
nor, the Mount Pleasant Drum and Bugle
Corps, Prof. John Crossley, Masters Plant
and Walters, DR.. Thomas Calver, Miss
Corinne Hay, Miss JEANNE Haywood, Mrs.
u