Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-11-20
DISTRICT AFFAIR S
Hearing on the Extension Of Streets Through
aOemetery.
Local Notes Of Interest to Taxpayer.
From the COmmissiOners'i OMce-
New Library Trustee.

Application was made to the Commission
ers today by the representatives Of the
Prospect Hill cemetery for the opening
of North Capitol street. The cemetery was
represented by President Wagner and At
torneys A. B. Brown and j. ]. Hemphill.
The history of this case covers several
years. 1t originated in an application of
certain property holders beyond the ceme-
terry, and was supplemented by several acts
Of Congress. 1t will be recalled that Con-
gress made provision for this in the high
way act Believing, however, that the
operation of the act would prolong the
opening of the street. a special act was
passed providing for the opening of this
land by dedication and condemnation. In
the course OF events, marshal's jury of
condemnation was appointed, consisting of
Messrs. A. F. Fox, A. c. Green and W. B.
Gurley. After four days deiiberation the
award was made. amounting to 81, ,764. OF
this sum, $51 ,6S6 was awarded to the ceme-
terry.
The Commissioners thought this exces-
sive, and refused to accept the award.
Congress afterward passed an act ordering
the judgment Of the Supreme Court of the
District of Columbia to be set aside. Pro-
ceedings were then instituted to compel the
Commissioners to enter and take the prop
erty. The court decided that the legislative
body had no right to set aside the Judgment
of the judiciary. And there the case rests.
The application this morning was for the
purpose OF having the commissioners enter
into possession of the land. pay the dam
ages assessed and open the street.
Mr.. Hemphill rehearsed the history of the
case: 1t was his belief that 1t had been
much misunderstood. He personally knew
that Congress had a wrong impression of
the whole matter. He read the several acts
of Congress. and dwelt upon the legal
aspect Of the case. When Jury made an
assessment 1t must be accepted. The Com
missioners could not change the award
Commissioner Ross hunted up the record
of the case, and carefully read the decision
OF the Court Of Appeals. Then he main
tanned that the Commissioners had no
power to grant the application He read
the following clause of the opinion Of the
Court of Appeals, which, he maintained,
was sufficient to reject the application:
I'VE are of opinion therefore that the
act of August Z, 1894 although Intellectual
for the purpose of a REHABILITATION Of the
question of the value of the land proposed
to be taken by condemnation, is valid re-
peal Of the mandatory clauses of the act of
December 81, 1896, and refusal by Con-
gress to take the land at it's adtudicats.l
Nalue-consequently wfthdra wal by Con-
eress from the enterprise. Being Of that
opinion, We cannot think that the writ of
Hlandamus will be to compel the Commits
sioners to do what it appears to, us they
are prohibited by Congress from doing.'
This operated as a setback I'd the Sttor-
neys, who later changed their applfcation
to a request that the Commissioners bring
the matter before Congress and urge that
sufficient appropriation be made to dis
pose of the question.
They Protest.
At the morning session Of the board of
Commissioners today list of the work
proposed to be done under the assessment
system was read. A number of the prop
erty owners on Pennsylvania avenue be-
tween 10th and Goth streets appeared to
protest against the repaving of that street
between the points named. The gentlemen
filed petition setting forth thai the i'm
provement of the street was not neces-
sary, and had not been applied for by any
property holder.
Those present were Marshal Wilson, Gen.
F. Ord. b. F. Whiteside and A. c. Coumbe.
New Library Trustee.
The death Of DR.. Joseph NJ Toner left
a vacancy in the board OF trustees of the
Washington Public Library. This was filed
today by the appointment of Mr.. Weston
Flint.