Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-05-10
THE HIGHWAY ACT
Its Constitutionality Affirmed by the
U. S. Supreme Court.
EFFECT UPON STREET EXTENSION
Justice Gray Upon the Question of
Benefits and Damages.
REASONING OF THE COURT

Oh the court III tHe appears ITOIIl tne court
of Appeals of the District in what is
Known as the street extension case. AS
will be recalled, the cases involved the con-
stitutionality Of the act of March 2, 1893,
which provided for the condemnation of a
permanent right of way for the public out
side of the cities of Washington and
Georgetown, and in the District of Colum-
bia. Justice Gray, after an elaborate
view of the facts and law in the case, con-
clGdes as follows: THE result is that there
is nothing in the act of March > 1893, iE-
consistent with the Constitution, and there
fore the judgments of both of the courts of
the District of Columbia must be reversed;
and that SO far as these cases are disclosed
by the records sent up, it would seem that
judgment should be entered upon each of
the Nerdic,S originally returned. But the
appellate jurisdiction conferred upon this
court being restricted to the determination
OF the question whether the act Of 1888, or
any part thereof. is unconstitutional, the
safer and filter form of judgment appears
to this court to be- judgm ants of the Court
OF Appeals and of the Supreme Court of
the District reversed, and case remanded
for further proceedings not inconsistent
with this opinion"
The Question of Benefits
The effect of the decision of the Court ,f
Appeals, from which both the Commission
ers and the property owners took appeaIs
to the United States Supreme Court, Justice
Gray held, is that the owner Of a parcel of
land, right of way over part Of whicn is
condemned under the statue is entitled 10
recoVe: the full value of the part taken
free from any deduction for special benefits
10 the part which is left, of any assess
meht for the general benefits received by IL
in common with other lands in The neigh
borhood. Justice Gray then reviewed the
various acts of Congress ana reached the
conclusion that for a p2riod Of more than
tEree-quarters of q century the general acts
of Congress, authorizing the LAYING OUT OF
altering OF public reads in the District OUT
side of the cities of Washington and
Georgetown expressly provided fer the de-
ductlon of benefits in the assessment of
damages to the owners of lands He fur
ther added that the power of Congress- ex-
ercisinS the right of eminent domain within
the District, to provide for the deduction of
benefits from the compensation or damages
for taking part Of parcel of land and in
JLring the rest does not appear 20 have been
jidiciaIly questioned until 1t was denied by
q majority of the Court of Appeals of the
District within the last two or ,frae wears
He says that this position is not only
against the uniform course of previous
legislation and decision in .he District but
1t is opposed to the great preponderance of
the authorities elsewhere.
General Scope of the Act.
In reply to a suggestion made in the
course of the argument of the cases, that
the jury is allowed to deduct contingent
and speculative benefits to arise in the fu-
ture from the actual opening and improve
ment of the highways, Justice Gray re-
viewed the general scope of the act and
reached the conclusion that the benefits
as well as the damages 10 be taken into
considerat ton are to be estimated as of the
date of such appropriation He adds that
there is nothing unusual or uncopstitu-
tiUnal in the provision of section II raunir-
ing benefits 20 be taken into considcra ton
in assessing the compensation camages
to be awarded to the owners of lands af-
tected by the establishment of new high
ways.
Section IL.
Justice Gray states that the other prin-
cipal question in the case is of the con-
stItutionality of section 10, which refers to
the assessment of damages upon the prop
erty. He held that the provisions of this
section are to be referred not to the right
of eminent domain, but to the right of
taxation and the general rules applicable
to this branch of the case. The justice
held these have been affirmed by a series of
decisions of the United States Supreme
Court.
Intention of Congress-.
AS to the alleged failure to define in sec
ton IL the district or territory within
which the benefits might be assessed, JUS
tice Gray held that the section would be
equally constitutional whether the district
of assessment was the particular subdi-
vision or the whole District of Columbia. =
Moreover, he maintains that there does
not appear to be any uncertainty in the in
tention of Congress as manifested in this
section; nor can there be any serious doubt
as to the rule of assessment which is to
govern. The opinion holds the assessment
is to be proportioned to the benefit, and not
to the market value any other test
Justice Gray further holds that reason
able construction shows that the benefits
to be taken into consideration and de-
Quoted in estimating the compensa ton or
damages under sections TO- IL and Ii are
the special and direct benefits which the
appropriation of a part of a tract of land
for highway may cause to the remainder
of the tract, and that the benefits for
which an assessment is to be made under
section Is the general benefits accruing
to all lands in the neighborhood.
Recording of the Map.
In regard to the recording of the map,
the opinion holds that 1t does not consti-
tute taking of any land in any way
interfere with the owners use and enjoy
ment thereof. The act, the opinion
states nowhere manifests any intention to
give the recording OF the map any further
effect than that of giving notice to all per-
sons of the system of highway proposed to
be established by subsequent proceedings
of condemnation. 1t does not undertake to
restrict in any way the use or Improvement
of lands by their owners between the
times of the filing Of the map and of the
commencement of proceedings for coLdem-
nation of the right of way, or TO limit the
damages to be awarded in such proceed
irgs
justice Gray is of the opinion that the
act throughout clearly maEifests the in
tention of Congress that especially with
regard to the highways in existing sub
divisions, all the proceedings should go
without unnecessary delay.
Reference is made by justice Gray to the
contention by some of the owners OF land,
that the public improvement proposed was
not Of local character, but was for the
advantage of the whole country. and should
be paid for by the United States. and not
by the District or the land owners. This
ques Ion, the opinion maintained Is for the
legis a,ure and not tor she judiciary to de-
termine
Naval Orders.
T. F. Burgdorff has been commissioned
chief engineer of the navy. Myles Joyce
has been appointed acting gunner. Acting
Boatswain H. r. Brayton has been ordered
to the Boston navy ward