Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-20

are said to be the ones which will be Sc
lected.
They lie between 7th and Boundary
streets and Grant road.
Some Opinions.
Lawyer Chas. A. Arr1es. who owns prop
erty in the subdivision. said:
The result of the verdict, I venture to
say. will be a clearing away of the OBJ
securities and difficulties which en-
barrass the execution of the highway
act I do not think a repeal of the entire
act Is necessary. If that should be done
the immense expense that has been in
CURED for surveys and court proceedings
would be loss to the government, and
would necessarily De incurred again when,
In the near future. they extend the streets
that are necessary for the convenience of
the pubic The law can be so amended
that the work done for the opening of
streets now wanted may be adopted and
thus save repetition of the expense of
survey and condemnation. and at the same
TINE provide Tor condemnation of such
Incroughfares in future as the needs OF the
District may require. and provide for COM
pensation as the land may be taken.''
Attorney Donald Mcpherson said: RE
garding the recent verdict award of the
jury in case No 40. the Denson and
Leighton subdivision, would state that in
a general aspect of the case, was decided
ly able and satisfactory as much so as
the complicated and interminable character
of this law would permit. The position
taken by the jury was probably the only
just one possible or practicabe: street ex-
tension as contemplated, generally, is adj
ViSahle and necessary. But no street ex-
tension should be contemplated that does
rot promptly and uhequvocally provide
just COMPENSATION in cash for lands taken
and doinss incurred, and for which the
United States should pay it's proper pro-
portion, one half. This undoubtedly could
be Gone by an amendment of the existing
law
in the case. and representing nine owners.
being ASKED By the reporter for The Star
what he thought would be the effect of the
jury verdict in the highway extension case,
said:
Il have not had time to examine the fig
ures carefully, but have the impression
that the jury has acted impartially and
with very accurate knowledge. The awards
strike me as. most of them. fair and in ac
cordance with the instructions from the
bench In some cases the owners will
complain. and in more the land could not
be bought at private sale for the compen-
sation given But it is not likely any jury
would act more literally.
THE effect of the verdict relates. of
course. - the jurys inability TO ind
what Ian1 10 assess one-h:.lf of the awards
made. They did assess all special benefits
10 lOt owners and deduct them from the
price of the land taken: and they charged
up half the awards to the revenues of the
District: but they could find no land that
ought to pay the other half, because of
benefits received
The jury might have assessed the other
half on the lots in the subdivision, but
this, with the cost of subsequent special
improvements, would have been equivalent
to confiscation of most of the lots.
"Or IL night have assessed It upon all
the lots in the section covered by map Il,
but this must have been followed by SINH
he in Jbf,{-
visions in that section. and also for the
parts of the section not included in subdi-
visions-a course which would have piled
forty-seven to fifty-five assessments upon
each parcel of land in the section.
The jury has done the best thing cir
cuuistances wouiI permit. Its action will
enable every friend of the District to ap-
peal TO Congress for n faithful perform
ance on its part of the compact in the act
OF June IL, ISIS. the organic act of this
District. In that the Commissioners are
required TO submit each year estimates of
the District expenses. and to the extent to
which Congress shall approve of said esti-
mates, Congress shall appropriate the
amount of - per centum thereof
This was supposed to be the equivalent
CT taxation en- the real estate owned in the
District by the United States. The gov
err me1t then owned d little more than half
the zeal estate; it now owns more than
five-eighths If 1t will pay its half. the
District can survive, although by exemp-
tions of one sort and another the taxable
real estate has been reduced TO ~ per cent
OF the WHOLE
Mr.. W. L. Cole of counsel for the land
owners said today:
Il regard the verdict of the jury in this
case as settling one thing at least and
that Is that the law In Its present condition
will never be carried into operation
1T must be apparent to any one who will
carefully study the situation that the high
way act must now be either repealed or
amended in one essential particular. that is
70 rails -El.If of
the proposed highway scheme by special
assessments.
Any plan for special assessments for SUD-
posed benefits to accrue to a particular
nefghoorhood on account of the rectifica-
ton or an irregular street system must
necessarily result In very many instances
In great inequality and hardships and, In
my Judf ment, never ought to be resorted
TO. and that Is especially apparent in con-
nection with the plan of the general extern
sion or highways all over the District as
proposed by the present law. These pro-
posed improvements are not local. 1 mean
are not confined to a particular locality
but extend to all parts of the District ard
are TO be taken up according to the proyi-
slCns or law, one after the other as RAPIDLY
as can be done, so that each section and
part OF the city will in It's turn receive
Whatever benefits may result from the ex
ecution of the plan. and for this reason
the most equitable course to pursue in
raising the necessary money to defray the
expenses of the improvements proposed
would be by general taxation
III IS apparent to any one that the ex-
Pense OF carrying into execution this plan
cannot De paid out OF the current reye-
nues OF the District. If the plan is to he
carried out as proposed. the only way to
accomplish 1t. in my Judgment is for Con-
Sress TO at once provide for an issue of
ponds suincient for the purpose. If Con-
gress Is not prepared to take this step and
10 take II at once. then. in justice to prop
erty owners. it should forthwith repeal the
act and abandon the general scheme of
highway extension, and adopt the slower
ana more expensive method of opening
streets from time to time. as public neces-
sites seem to require