The morning times., 1896-01-28
Mr. Woodward's Special Commi.,-
zee Held a Wake Last Night.
PALLBEARERS In SESSION
Judge Cox Declares the UtOpian Street
Extension Dream Unconstitutional
Effect on the Interested Real Estate
COntingent-BOard d of Trade Com nit
tee Make Merry Over the Event.

Times. This decision was the result OF a
hearing of matters in dispute growing out
of the awards of the jury in the cases in
the Denison and Leighton subdivision.
The principal points made by The Times
from time to time have been amply vindi-
Gated by the opinions OF Judge Cox.
1t is probable that there will be an
appeal, but no one who has followed the
points at issue in the case, will doubt that
Judge Cox will be sustained by the court
OF appeals.
Briefly stated, Judge Cox held that the
assessment of benefits is undoubtedly con-
stitutional, but the law is SO cumbersome,
involves SO much indefinite, unguarded ad-
ministration, with prospect OF assessments
duplicated or even further multiplied, and
has such other unconstitutional features
as to invalidate all proceedings under it.
The award of the Jury is set aside, but
no new trial will take place.
NOW FOR THE BURIAL.
There appears to be nothing now t. do
but To give the highway act a decent burial,
and it is known To the courts. to the pub
lie. and to Congress, that there are many
of the members OF the board Of trade who
will not be mourners at the obsequies.
Those who BANKED high on the power or
the press on the north of PENNSYLVANIA sve-
nue., Wore a somewhat funereal aspect yes
terday afternoon in their respective real
estate offices. and there was nothing par
ticularly enlivening OF exhilarating in the
cuuntenances of a majority of Mr.. Wood
wards special committee of seven, which
assembled last evening at the rooms of the
board of trade.
Mr.. Ross Perry, the chairman of the COM
mittee, arrived early. The others dropped
in at intervals. The first gentleman who
came in said in a very distinct unGertone:
''Well, believe our occupations gone"
Another stated TO the chairman when
there were six present that they might as
well go ahead, TO which another said that
as they were really now somewhat in the
position of pail bearers, IT would be well
for the whole number to be present.
Referring to the corpse, which was on
the table, still another said. well we
know something about this now" The
reply to this was by Mr.. Worthington, who
said: Il think we know less about it now
than before" which either did or did not
refer to the lucidity with which Judge Cox
stated his points. Mr.. Worthington was
one OF the lawyers, however, whose argu-
mcnts Judge Cox obstinately declined
to assent. II he had been on the other side
he would have won his case with hands
down.
Mr.. worthington. however, was assistant
counsel for the Commissioners, who had
too big a contract on hand, one being to
get the bond bill through and the other To
Indicate to the Board OF Trade what II
Ia ,Ir, in ha Mr. Ross
famous letter to the Board of Trade on this
latter point
AT "SOME TINE
The committee was called to order by Mr..
Perry and its functions were defined in a
colloquy between the chairman and Mr..
SomerviIle, who was present TO be heard.
Mr.. SomerviIle promised that the committee
had heard OF the declaration that the
highway a. ct was unconstitutional, to which
there was general implied assent.
Mr.. Somerviue-what action is it pro-
posed then by the committee to take on the
bond bill?
The Chairman-The function of this COM
mittee is defined by the resolution of the
Board of Trade creating it, We are here
to listen to suggestions.
Mr.. Somerviile-On what?
This was intended evidently with refer
ence to the cold and ciammy condition of
the matter, which the palIbearers had met
to consider.
The Chairman-On the subject of street
extensions, sewers, and the bond bill cover
ing both.
Mr.. somervile-wIl this committee re-
port a bill?
The Chairman-Yes; to the Board of
Trade.
Mr.. Somerville-And IL will then be sub
ject to amendment by the Board of Trade?
The Chairman-Yes.
Mr.. sonervile then proceeded TO make
short argument, in which he said that he
was not opposed to street extensions because
he thought they must be done at some
time" But he was opposed to the manner
in which it twas proposed to carry out the
pain. He argued for prompt payment for
condemnations and he was opposed TO the
government saddling the money for the
improvements on the District government.
He made the astounding statement that
while the suburb of Mount Pleasant had
paid into the city Golfers as much as
$4,000, they had received improvements
to the extent of about $4,000 or So, 900.
SEPARATING THE ITEMS.
Mr. Reed. of the Committee on Sewers,
made a strong argument for the separation
of the two items of money for sewers, and
for street extensions in any bill to be sug-
gested. This was the proposition which
Mr. Mattingly made in his argument re-
Gently before the Board OF Trade. This
brought up the question of whether there
could be sewers in the county without the
proposed streets.
AS the Commissioners claim that the
streets must be done first and as the high
way act has been declared unconstitu-
tional they have fallen into another pit.
unless they now argue that it is all right
to make sewers without the streets. These
points were argued at some length, but no
conclusion was reached, except that Capt.
Beach, who was present at recent meet
ing of the board with a sewer map. should
be asked to be present at the next meeting
of the committee.
Mr.. Mattingly suggested that the sewers
could be put in, that is, the trunk sewers for
the county, and that the population and
the streets would be logical sequence.
DR.. Pardon made the statement that Com
missioner Ross was not in favor of GER
tain things I'm the highway act himself
and that from what he could learn from
residents of the suburbs and members of
Congress they would not favor a bond bill
which provided one cent for street ex-
tensions.
The general sentiment of what was said
was that there was a pressing necessity
. for the sewers and the disposal of sewage.
The way in which the Commissioners by