Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-04-24
MAJOR POWELL MUCH GRATIFIED
Some Representatives Of Land
Owners Also Express Pleasure.
CUES TION OF PEAL

door hung on the outside and reached far
down. Every one was welcome. Growers
about assessments, men out of work, in
fact. royal welcome was offered every
one. And the cause of all the gladness
was the decision mentioned above. Some
enc called the majors attention during the
day to the weather and the lowering clouds,
and he looked around in amazement, for
to him the day was bright and sunshiny.
His spirits carried him away so far that
he promptly put his official signature to a
motion Of Commissioner Ross that the
assessors cffica lie allowed to use gas to-
day, even though the District finances
were mrager.
When reporter of The Star asked the
major what he thought of the decision, he
said.
Il felt convinced all along that the law
WOULD be sustained and 1 congratulate
the city and the future Washington on
the decision What will we do? Why, go
right ahead. of course, as We have been
doing | suppose now the courts will order
our petition on the first section to issue.
We have all the maps for the second and
third sections, which, together with the
hrst section already recorded, will make
the plan complete from the Potomac river
TO the Eastern branch. The plans for that
section east of the Eastern branch are in
hand and well aGvarced. The Commission
ers believe that the work of opening the
streets under the plans should not all be
done at orce. They should be opened
gradually as necessity arises. Some of the
streets need not be opened for fifty years
But where public necessity demand it they
should be opened as soon as possible
The second aud third sections are better
in many respects than the first section
which, as you know, is recorded. In the
former cases we hsd fewer subdivisions
and fewer improvements to deal with 1t
was that which sacrificed the plans of the
first section On the s .cCnd section we
have designed parkway running from
the southeastern corner of the Soldiers
Home to the future An1costia Park. This
parkway IS parallel to Massachusetts, Penn
sylvania, Virginia and Florida avenues and
corresponds with that set of avenues in
Washington. This parkway is continual
ton Of Piney branch and Spring road park
way, and with it will serve to connect the
grand parks of the District. In the second
section, the city avenues being North Caro-
lima al Maryland are extended on straight
lines New York eyenue is extended direct
and bounds the reform school on the south
and west Rhode Island avenue is also ex-
tended on straight line direct to the Dis
trtct linz. Michigan avenue, by means of
an extension of Bunker Hill road, is also
extended on a straight line. Riggs road is
Wldened II TO an avenue and extended to
the District line.
Perhaps the most important feature of
this section Is the so-called fort driveway,
extending from North Capitol street south
of Stevens Park, on the site of Fort Ste
vens, OF II e late defenses of Washington
and running generally southeasterly with
long, sweeping curves and straight lines to
the avenue on the south and west of the
reform school, which in turn leads to the
northern part of the future Anacostia Park
Ihis driveway is laid out 100 feet wide and
along the ridges or upper part of the slopes
on which Forts Totten, Slemner Bunker
Hill, Saratoga ard Thayer We're located
The siteJ of the fcrts are set aside as res
No 6rivr hefp
side of each reservation. The remaining
fort of the part. of the Cefenses of Wash
ington was Fort Lincoln, which is on the
high ground where the buildings of the re-
form school arc now. located
The other commissioners expressed them
selves Ss highly pleased with the decision,
but beyond that did not care to discuss
the matter, giving as an excuse the fact
that the board had not had an opportunity
10 discuss the matter
Mr. Worthington'x View.
Speaking today Of the effect of the Court
of Appeals decision, Mr.. A. S. Worthington
OF special counsel for the District said that
as he understood the decision there can
be no assessments of either special or gem
eral benefits. Further than that Mr. Wor-
thington declined to say until after he
mad read the opinion, although he ex-
plalned that If there should be no appeal
oy either side the work of condemnation
entered up in favor of land owners for the
amount os the respective lards taken.
Despite the disinclination of counsel for
the District to talk at the present IL is
said that the District will rot appeal un-
less the land owners do so. The Commits
siCners, t is understood, are content to go
ahead under the decision of the Court OF
Appeals, and ii is said that they will be
advised by their counsel that while sneciaI
Dement'S cannot be assessed, Congress is
iuAy empowered to assess general benefits.
Counsel for Land Owners.
counsel for the land owners also express
ed themselves as averse to saying any
thing until after they have read the de-
cislon IN full- Mr.. W. G. Johnson of coun-
sci Tor the land owners remarked that he
never had any doubt in the matter re-
sTectlng the assessment of special benefits
anu Whie ne had only read the newspaper
accounts OF tfe decision, it seemed to him
tEat the Objectionable features of the Act
nave been eliminated. with the exception
OF the cloud on the property caused by the
ming or the maps and the uncertainty at
tending the time in which payments for
the lands will be made
Mr.. Nathaniel Wilson. also of counsel for
ihe land owners, could not say what would
De done. He said he had not read the
opinion. and he declined to express him
sell until after he had carefully read it,
Mr. Thomas Had. Not Read 1t.
Mr. 5 t. Thomas, the attorney for the
District, said ne had not read the opinion,
and only knew of its tenor from what he
he'd seen in the newspapers. Consequently
he did not care to express an opinion on
the subject.
Expects No Appeal.
Mr.. w. l.. Cole, who represented a num-
her of the owners Of property in Dennison
and Leighton's subdivision, affected by the
highway act. stated that he believed the
decision of the Court of Appeals would
So tisfy all of his clients.
We objected TO the clause of the act
which provided for the assessment of bene-
fits, and which the Court of Appeals has
declared invalid said Mr.. Cole. There was
no desire to oppose or delay the extension
o. the streets on our part. There has been
already large amount of work done In the
street extension line. and it would be the
pest thing. now that the Objectionable bene-
Mt assessment clause is invalidated, to con-