Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-29
STREET EXTENSION
Actual Proceedings for Condemns
ton Begun Today.
TIE Case TO Be CONSIDERED
A Mt. Pleasant Subdivision VIII
be Taken Up Monday.
THE TALK TOD A Y

The street extension cases came up be-
fore Chief Justice Bingham in the District
court today, and the court, after some dis
cussion, sigred an order directing the mar
shall to summon jury of seven disinter-
ested men to appear in court before Judge
Cox Monday next in case 40, Denison and
Leighton's subdivision of Mt. Pleasant.
When the case was called up Mr.. A. b.
Duvan of counsel for the District submit
ted an order for the swearing in of jury
Monday next in the whole forty-seven
cases or subdivisions included within sec
ton 1. But single jury, he thought being
necessary.
Mr. Chaplin Brown, however, thought that
each subdivision was a separate proceed
ing and contended that a jury was re
quired by the street extension act TO De
summoned and sworn in each OF the forty
seven subdivisions involved Case 4.a, In
yfeside sui division, Mr.. Brown said, was
ready, and he therefore urged that jury
be summoned and sworn in that case, and
he submitted an order to that effect.
Case 40.
Mr. Nathaniel Wilson. representing own
ers in case 40, Denison and Le.ghtons
81 bdivision of Mt Pleasant, claimed, how
ever that that case should first be taken
up. 1t was the first case brought to the
courts attention, and all the parties inter-
ested having been served and appeared
whom it was practicable to serve with no
tice. he submitted an order directing the
marshal to summon a jury in that case TO
appear Monday next.
Chief justice Bingham thought, with Mr..
Wilson, that case 40 should first be taken
up, but Mr. A S. Worthington. also of
counsel for the District, explained that
case 453 should first be taken up. as in that
case all the alleged defects In the street ex-
courts considers ton and finally disposed
of in a much shorter time. Case 4l3 would
corsUme weeks, while 4Et could be dis-
posed of in few days. The District, like
tst case made up and disposed of at the
very earliest practicable day. Therefore he
urged that case 453 be first taken up
Guarantee.
Mr. Wilson said he would guarantee that
case 419 would be so concluded in fifteen
days time that it could be then presented
to the attention Of Congress. when the sense
and pleasure of that body could be obtained.
Mr. Wcrthington remarked that it was
much mere desirable that case should
be made up and the constitutionality of the
street extension act passed upon by the
courts than case should be sent to Con-
gless. If the act be declared valid by the
courts at an early day. then the remaining
cases could be SO rapidly disposed of that
all of them could be considered by Con-
gress before its adjournment next summer
An Earlier Case.
But Mr.. w. L. Cole suggested that case
410 should no, only be first considered be-
carse 1t was an earlier case than 4as, but
also because in 40 the extension of 10Th
street was involved. Hence, if the act
should be declared constitutional. Congress
would be much more apt and willing to APP
pl opriate the sum necessary than 1t would
in case 453. in which subdivision only out
lying streets were involved, and in which,
he thought. there was no absolute present
necessity fer action.
The Decision.
Mr.. VIM Birney. also of counsel for own
ers In case 419, explained that only in that
case had a written motion for the appoint
ment of a jury been filed. He therefore
joined with other counsel in urging that
40 be first considered. and that the jury
be sworn in that case
Chief Justice Bingham finally concluded
that, all things considered. case 4l9 should
be given precedence, and after Mr.. Brown
had explained that as he was interested in
both cases 1t was imma teral to him which
vas taken up. the court signed an order
directing the marshal to summon the jury
in case 419-tke jury to report to Judge
Cox next Monday morning. The matter
was then adjourned until that time.