The evening times. [volume] (Washington, D.C.) 1895-1902, 1896-01-21

The discussion OF street extension was
taken up before Judge Cox again this
| morning contrary TO the understanding
at the close of yesterday. Mr.. A. S. Worth
ington for the District completed h:s adj
dress by citing further authorities. He
was followed By Messrs. Wilson and Brown
and Mr.. William 6. Johnsonforl land Owncrs.
Mfr. Wilson said IL he understood Mr.
Wcrthington. nothing is left of the street
extension scheme but the map. Mr.. Worth
ington had said practically that the 80
per cent assessment OF benefits against the
lands left TO property owners To pay for
the streets had been abandoned. II was
not worth while. then. to say anything
more about that. He would turn his at
tention to the special benefits.
No person in his senses, lac argue q, would
attempt To tell how lards could he bene-
iiied by The possibility that improvements
might some day be- made. The owners were
being asked To pay Tor something today
which not only they do not now get, but
which they may reyer get. and the pros
pecL Of which tiey certainly cannot sell.
ACTUAL BENEFITS ONLY OF VALUE.
Actual existing benefits alone can by law
be assessed for. IL is these alone the iu
-ors should have Considered in making
theiraward They did. however. give weight
- these uncertain, vague possibilities Of
improvements 10 be made from possible
future appropriations by Congress. He
quoted number of authorities In sup
port OF his views.
Referring to statements OF Mr.. Worth
ington in regard to Congressional appro-
priatiODs for the street extension plan, lie
said he was surprised to hear row that unless
the appropriation shall be made within six
months after tie paSsa &c of the act the
whole project fails TO the ground. lie
read from the seventh section of the act
He said this provided that the map should
stand; that the proposed streets run to the
District line. and a man who is raising cab
bages. beets and tomatoes on the border OF
the District on his leo acres is subject at
any time The Commissioners may choose to
condemnation proceedings to open up these
streets. There is nothing iii this to suggest
that the map is rot to be in force not only
six months after the act is passed. but
twelve months or twelve years.
The directly contrary intention is mani
fest. or the forty-four millions of square
feet In the Distric, outside the city. only
small part is taken UP in existing subli-
visions. He thought some attention was
due to the interests OF these owners OF
unpIotted lands.
MIR. William q. johnson said he had no
clients in this particular case. but he was
interested I'D proceedings yet to come He
said in this award, like tina I of a marsliars
jury, in general. il ought to be freely al
lowed that one verdict be set aside upon
reasonable ground Of complain and an
other jury alled 10 hear the facts.
AS TO the uncertainties OF prospective land
values and benefits he told of u case he had
a few wears ago Under condemnation
proceedings jury awarded his client, after
visionary benefits, only $500 for
an acre OF ground on T street northeast
He maintained a successful! contest against
this finding. Within five Months his Clent
sold his entire tract to a syndicate for
So, 500 an acre, and it was subdiy ided.
Now, with T street extended in front OF
the lots, the syndicate is trying TO con-
vince the public that the existence OF the
street is such a benefit that the lots are
worth an advance upon their cost ard is
waiting for buyers.
The whole question here, he said, was
OF transfer OF ownership or domain from
the subject to the sovereign. What the
sovereign may do with ii nobody knows.
1t may improve il six months or six years
or six hundred years hence
1t did not appear likely that the sovereign
would use the land for anything but streets,
yet there had been ominous rumors. This
was apparently reference to some Of the
3grarlan notions thas have had so much
public notice in recent years.
been adiudicatei, in spite OF authorities
He said the questions here had never
quoted.