Evening star., 1897-03-22
CONNECTICUT AVENUE EXTENSION.
Judge BOwler's Decision as IN tho
Use of the Augmentation

Judge BOwler's Decision as to the
Use of the Appropriation.
JucSe Bowler. controller of the treasury,
mas written letter to the Commissioners
or the District. in regard to the use of the
appropriation for the Connecticut avenue
extension. in which he says.
i en- In receipt OF your letter of the 18th
instant, calling my attention to the provis-
ION IN the District of Columbia approprja-
tion act, approved March B., 1897, relating
TO the extension of Connecticut avenue.
Ihat provision is as follows:
For the straight extension of Connecti-
cut avenue: The Commissioners of the
District of Columbia are authorized and di
rccted to extend and open Connecticut ave
nue. on the straight extension of the line
thereoi as now established in the city Of
washington. from Connecticut avenue ex-
tended, as now laid out and opened on the
west side Of Rock creek to Kalorama ave
nCe on the east side oftRock creek, then ce
by curved lire or offset to join with the
present adopted and recorded location of
Connecticut avenue, south of Kalorama
aveLue, and to include-in Connecticut ave
nue. circular reservation at or near Kali
Drama avenue in line with the straight
extefS SION CT Connecticut avenue, with
suitable paSSageway around such circle
and also to include in such avenue such
portions OF the corners of squares at the
intersection of Connecticut avenue with
ha-oi anna avenue as the Commissioners
may find necessary for ample and conyen-
lent connections of streets: and they are
authorized and directed to abandon the de-
hected line for Connecticut avenue hereio-
lcre adopted north of Kalorama avenue
ana TO conform the plan of highway ex-
tension to tie extension of Connecticut
avenue as aforesaid: Provided, That. con-
dltloned upon the dedication by the own
ers OF the property lying within the lines
or said proposed extension between the
d hG c;1a
creek and the present extension of Con-
hecticut avenue on the west side of Rock
creek, the sum of fifty thousand dollars is
herepy appropriated. wholly from the reve-
nues or the District of Columbia, to be
Immediately available. for the purchase or
cohde emnation by the Commissioners of the
district OF Columbia of the property living
"ithih the extension of Connecticut ave
nue. ana extending from said Waterside
drlVe southerly to Florida avenue
AS 10 all lots or parts Cf lots and i'm
ProVements not purchased or contracted to
pe purchased within thirty days from the
passage of this act, the Commissioners of
me District of Columbia are instructed to
commence suit for condemnation"
You ask whether the availability of this
appropriation depends upon the acquire
Hlent OF all the property within the lines
OF Connecticut avenue extended. betwea,
FLORIDA avenue ard Connecticut avenue
west of Rock creek. In other words. could
Ican) the appropriation be used in case the
the avenue between the points named for
the sum CT $5OOOO."
am clearly of the opinion that the ap-
preparation may be used to purchase such
pCrtloli OF the property lying within the
lires of said proposed extension of Con
necticut avenue as they may be able to
purchase. and that the availability of the
app oprlatlcn does not depend upon the
apiiity OF the Commissioners to ACQUIRE
lines. '"o'e
me provision directing the Commission
eIs 10 commence suit for the condemna-
tion of all lots or Darts of 1ots NOT .a
CURED by purchase clearly indicates an in
!thtloh upon the part of Congress that
me m appropriation shall be used, although
'nr @ ehtlre property has not been acquired
me case seems TO me to come more near
~ Wlthin the decision of this Office in re-
gard TO the paving of Florida avenue q
comp. Dec, 523), than that relating to
Comp. Dec 1OO'' "