Evening star., 1896-12-17
STREET EXTENSION
History Of the Long Fight for
Complete System.
Case IN FHE SUPREME COURT
Brief Filed by the District and Its
Contention.
COU RT OF APE E A L S

u " Y. II L " Il "A L L Il "A II y
Probably there has never before been
such general interest shown in legal ques-
tions by the people Of the District than has
been and Is now shown in the determine
ton of those arising in what are commonly
designated as the street extension cases
argued yesterday and today in the United
States Supreme Court. This widespread In
terest is found not only among the hun
dreds of those financially concerned, but
also, and to a very marked degree, among
the thousands of District people who desire
that the city shall be extended on the lines
laid down by those who originally designed
it. Mr.. Worthington, for the District, hleo
a long brief in the case, In which full
history of the affair was given. These
cases arose under the act Of Congress OF
March ., 1898. entitled IAN act to provide
a permanent system Of highways in that
part Of the District of Columbia lying out
side of cities" The enactment OF this stat
ute was due to certain evils growing out OF
the want of uniformity in the laws respect
ing subdivisions of land and the extension
of streets.
laid out by President Washington, ex-
tended on the north only to the highway
which on that plan was named Boundary
street. That street extended from a point
where now exists the bridge over Rock
creek at p street to point at the eastern
end of Maryland avenue, distance of
over four miles. No provision was made
for the extension of the plan of the city
over the remainder of the District or any
part thereof until the act of 1888. referred
to below. For many years prior to the
date of the act Of 1883 the opening of high
ways IN that part of the District of Colum-
Il
Georgetown was governed by an act of
March 3. 1863, the substance of which was
Incorporated in sections 252 to 265, both in
elusive, of the Revised Statutes of the
United States relating to the District of
Columbia.
An act of Congress of January II, 1909,
provided in substance that whenever the
proprietor of any square or lot in Washing
ton should deem it necessary to subdividc
the same, he might cause a pat to be made
trict. If the surveyor found the dimensions
of the land subdivided> to correspond
with the original lots, he was required to
so certify and to record the plat in a book
in his office, kept for that purpose.
An act of the legislative assembly of the
District of August 23, 1871, provided, among
other things. that whenever the proprie-
tor of any tract or parcel of land in the
District Of Columbia shall desire or deem
it necessary to subdivide, such subdivision
shall be by the surveyor of the District of
Columbia, or kis assistant only, and shall
De entered in the plat book or books of said
surveyor"
Confined to the City.
1t will be observed that by its terms the
act of 1909 was confined to subdivisions of
land in the city Of Washington, but. with
out any express authority of law, owners
of land in the District outside of Washing
ton prepared and had recorded in the sur
wi I
part of the act of the legislative assembly
of ISL above referred to, seems to have
been intended to give express authority for
what before had been done by sufferance.
But, however that may be. soon after the
war these subdivisions in the county of
Washington began to make their appear
ance in the surveyors books, and up to the
time of the passage Of the act of 1855, a
great many such subdivisions in the county
had peen recorded. Each landowner made
a subdivision to suit himself. They were
laid out in all parts of the District extend
ing even to the Maryland line. Many Of the
streets in the subdivisions were narrower
than the corresponding city streets. Some
of the streets running north and south
were laid down as extensions of the exist
irg streets: some were not; and in hardly
any case were the diagonal avenues pro-
longed. Cross streets were laid out at vari-
Gus angles. Adjoining subdivisions differed
from each other, so that a street upon one
would have no extension upon its peighber.
the different subdivisions in respect of the
width or direction of the streets. AS the
humber Of subdivisions grew, the difficulties
arising from this want of a general plan
Increased. The proprietor of tract of land
who wished to subdivide it would find him
self surrounded by existing subdivisions
each different from the others, so that If
he laid out his streets to connect with one
they would not harmoniZe with any of the
others.
Conformity Required.
Such was the situation August q, 1888,
when Congress directed the Commissioners
OF the District to make and publish general
orders regulating the plating and subdi-
viding of all lands and grounds in the Dis
trict of Columbia, and provided that no
subdivision should be recorded in the sur
veyor's office until approved by the Com
missioners- This act also provided that
mo future subdivision of land In the Dis
trict of Columbia without the limits Of the
cities Of Washington and Georgetown shall
be recorded In the surveyors office of the
said District. unless made in conformity
with the general plan of the city Of Wash
ington."
But. while the act of 1888 was a great i'm
Trovement on the previous state Of affairs
1t had defects which could only be removed
by the adoption of one general plan, en-
bracing the entire District outside Of Wash
ington and Georgetown. For instance. the
change pre-existing subdivisions Then.
too. another difficulty was that subdivisions
made in different parts Of the District at
different times. approved often by different
officers. would not harmonic with one an
other. To provide the necessary general
plan the statute Of 1893 was enacted, which
provides among other things that the Dis
trict Commissioners shall prepare and re-
cord. in sections. from time to time, a map
extending the plan Of the city Of Washing
ton over the District. and that after the
map shall be filed no subdivision not in
conformity to II shall be recorded either in
the Office Of the surveyor Of the District or
In the ONCE Of the recorder Of deeds.
The act also provides that the Commis-
sioners in preparing the map shall conform
to existing subdivisions made In compliance
with the act Of 1883. A. to the old subli-
visions. no restrictions are thrown about
the Commissioners. they being authorized
to adopt any Of these old subdivisions
which shall, in their opinion, conform TO
the general plan Of the city Of Washington.
They were also direcre1 to keep in view
the necessity Of harmonixinx, as far as
possible. the public con yenienco with econ
omy OF expenditure"
The Long Fight.
Under the act Of 1s,3. a map Of section 1