Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-04-28
Senator Mcmillan Says It is Self
Acting Law.
NO IMMEDIATE APPROPRIATION LIKELY
Desire on Part of Property Owners
to Quiet All Doubts.
THE OSITION STATED

Ever since JuQSe COX nelQ the highway
act to be unconstitutional the friends Of the
street extension plan have been hoping for
new legislation to remedy the defects in
that law that were made the basis Of the
decision, but the District committees of
Congress have persistently refused to take
any steps pending the action of the Court
Of Appeals the appeal which was last
week decided in favor of the law and
against the lower court Immediately after
the announcement Of this decision a move
rent set in toward Congress to secure
some action at this session to carry out
the provisions Of the act Yesterday Mr..
Charles H. Armes, who was the land owner
in the particular case that went into the
courts, called on Senator Mcmillan to urge
that steps be taken Immediately to have
an appropriation made this year.
No Appropriation.
The chairman Of the commit tee, however,
declined to act, on the ground that the
item belonged to the committee on appro
priations, and he gave Mr.. Armes the bene-
fit of his views on the entire question,
which are embodied in the following let
tiers. Briefly, Mr.. McMillan's position was
this: The highway act did not contemplate
the purchase of all the lands necessary for
the street extensions, but 1t was the idea
that this land should. in a majority of
L
fore, the chairman did not anticipate that
there would be any pressing necessity for
large appropriations. and he asked Mr.
Armes to submit his request in the form
OF letter in order that formal reply
might liz sent to him.
The Owners Standpoint.
Mr.. Armes wrote thus: "Since the de-
cision Of the Court Of Appeals, unanimously
declaring the highway act valid, far
as the plan of extending the streets is
concerned, l have been requested by nu-
merous owners Of property involved in the
case decided to urge upon your committee
immediate action that may determine
whether Congress intends to carry out the
highway plan or not. This it has been sus
gestad, can be decided only by The action
of Congress upon the question of appro-
priating the necessary money. Congress
must eventually decide that question one
way or the other. The highway plan is not
in itself necessarily harmful, but doubt
whether 1t will be executed has already
resulted in serious loss and distress.
For Congress to refuse to provide the
necessary means to carry out the plan
would, of course, be to repudiate it; and If
that is to be the ultimate result, the sooner
1t be done the better for the entire com
munity. The expense, delay and uncer-
tainty incident to litigation Is to no avail TO
the parties in interest it, after all, Con-
Sress is to repLdiate the entire proceeding
when they are confronted with the ques-
ton Of the cost of the improvement
Yearly Burden Small.
"If the plan is to be carried out it is
obvious that the completion of it viii in
volve many years; consequently no large
expenditure will be necessary in the i'm
mediate future.
1T has therefore been further suggested
that bonds, say s50OOOO annually. be au-
thorized to provide payment for the prop
erty as the work of condemnation may
mr. hot r,oh i-i<
impose no immediate burden and would
at the same time avoid all sembance OF
counivance with speculative schemes. If
this provision should be deemed sufficient
it would leave the plan open to such al
teration. modification or limitation, with
out loss or unnecessary expense,
pcrence might suggest after the opening
of thoroughfares that the public need at
this time. If, on the other hand, Con-
gless regulates the highway plan as an
entirety by refusing TO go to the expense,
then, of course, the law should be at once
expressly repealed
Senator McMiIInn's Reply.
Last evening Senator Mcmillan addressed
the following reply to Mr.. Armes:
Replying to your letter of April q, 1
would say that the appropriations to carry
out the provisions of the highway act come
from the committee on appropria tons, and
not from the committee the District of
Columbia, except in 50 far as amendments
proposing new legislation may be referred
to this committee. There is no intention
In so far as know, of multiplying in any way
the highway act. However 1t was not the
expectation of those who prepared the bill,
or OF Congress when the act was passed that
there would be any very large expenditure
needed, except to Straighten out and to ex-
tend streets through a comparatively small
belt OF land lying just beyond the bound
aries of the city of Washington. The lands
occupied for agricultural purposes and those
held for speculative purposes are to be sub
divided, ana the streets are to he laid out in
accordance with plans prepared under the
provisions of the act.
1t is not expected that Congress will
make appropriations to pay for the streets
thus created, but those people who are
par ticularly Interested in having the streets
opened in order that they may sell their
property are expected to be willing to
donate the land necessary for streets and
alleys.
Land to BE Given.
OF course, where the opening of a street
or avenue would take all or a greater part
Of the land held by any individual, SO that
the damages would be out of proportion to
the benefits he would receive, the question
of compensation would come in but it ia
expected that as rule the law will be
self-acting, and that the property owners
beyond the city of Washington will find
1t for their advantage to dorate the streets
and avenues, just as the original proprietors
found it for their advantage to give not
only the streets and avenues, but every
other lot to the national government.
Yours truly,
JAMES MCMILLAN.
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