Evening star., 1896-01-28
District Intends to Oppose Street
Extension Decision.
LAND OWNERS ARE DISAPPOINTED
An Effort to Be Made to Clear
Away Title Clouds.
COMMISS SIONERS' PLAN

There is no doubt that the street extension
cases will be carried to the Court of Appeals
by the District and, should the decision of
that court affirm Judge Cox's opinion that
the act Is unc constitutional, it is more than
probable that the matter will be then car
ried Up to the United States Supreme Court.
Speaking with Star reporter today, Mr.. s.
T. Thomas, the attorney for the District,
said that the case would surely be appealed
to the Court of Appeals.
If the Court OF Appeals sustains Judge
Cox, will the District then carry the case to
the United States Supreme Court?' Mr..
Thomas was asked.
II cannot answer that question now," was
the rather non-committal reply of Mr..
Thomas. Perhaps an appeal will not be
necessary"
Mr.. Thomas explained that the effect of
Judge Cox's decision will be to put al an end
to all future proceedings under the highway
act. That is, he sad matters will stand as
they did previous to the impaneling of the
juries- The appeal from Judge Cox's de-
ciSion will, he stated. be perfected at once
and as the law requires the Court of Ap-
peals to advance the case to an early hear
ing, ne thought decision by the latter
court would be haC within few weeks
time.
Are Disappointed.
The announcement by the Districts coun-
somewhat of a disappointment to counsel
for the land owners. They have however,
no fear of an adverse decision by either
the Court of Appeals or by the Supreme
court Indeed, so confident are they that
Iney profess great surprise that counsel
1or the District should imagine that either
OF those courts viii reverse Judge Cox's
decision. They regard his opinion as so
convincing and sound as to at once remove
an uouDt IN the matter. Hence, they de-
cla!s that II IS wrong and against the great
weight OF public opinion to longer tie up the
iands in question by continuing what they
believe will prove fruitless effort to sus-
tain the street extension act
III the District Commissioners" remark
ed Attorney A a. Lipscomb have any re-
spect for the force of public opinion they
VIII drop this matter at once and not carry
II on appeal to the United States Supreme
Court, as learn they threaten to do. There
is, think, no dorbt that the Court of Ap-
peals will sustain Judge Cox and 1 believe
the Supreme Court would so hold should
lhe case De carried there. What the Com
mlssionerS should do is to drop the present
extensive plan of street extension and ex-
tend the great natural thCroughfares the
great arteries of the city. If they should
do that believe that Congress would grant
the necessary appropriations. But the pres
ent plan is, think, dead as dead can be-
To Remove the Cloud.
Now that Judge Cox has declared the
probable that proceedings will be insti-
tuted having for their object the annul-
ment of the map. Indeed, Mr. A. A.
Lipscomb stated today that he will at once
hie bill in equity on behalf of Mr.. VIM
H. Saunders and himself, as trustees, for
certain lands in Holmead Manor for that
purpose Mr.. Lipscomb explained that
lne District Commissioners would be made
the defendants, and that he would allege
as grounds for relief, that the map of
section l of the approved plan is a cloud
on the title to the lands in question He
will, therefore, pray that the court de-
clare the map to be a cloud on their title
10 Inc lands, and ask that it be removed
by setting the map aside.
Mr.. LipScomb explained further thot tba
street extension act having been declared
unconstitutional by one branch of the Dis
trlct Supreme Court, he felt confident that
anotner branch of the same court, the
Equity Court could but recognize that de-
clsion, and could not fail to be bound by
II Inc fact that an appeal will be per-
iected from Judge Cox's decision will not
thought Mr.. LipScomb, stop the Equity
Court from at once granting the relief
prayed for. Mr.. Lipscomb thought. too.
that such decision by the Equity Court
II one instance would, in effect, blot out
the map altogether.
COmmissioners' Opinions,
The Commissioners We're loath to discuss
the decision of Judge Cox, which declared
the highway act unconstitutional Mai.
Powell said the case would be appealed.
and If the Court of Appeals sustained the
decision, why, then there was nothing fur
ther to be done. but try and get a new bill
passed. The major said that the Commits
sioners in the meantime would do their ut
most to obtain remedial legislation. A new
LII VIII be prepared in accordance with
Judge CoX's decision and introduced
shortly. The major seemed to think if the
Dond bill had passed there would have been
no question concerning the constitutionaIity
OF the law, for then the owners would have
been paid for the land taken
commissioner Truesdell said: "It goes
without saying that we shall Immediately
appea! the case and take steps to rid the
law OF those features which Judge Cox de-
clared unconstitutional"