Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-29
STREET EXTENSION
Proceedings Under the Highway Act
Before Justice Cox.
DENIS0N and LEIGHTON SUBDIVISION
First Of the Forty Cases Embraced
in Section One.
BIG ARRAY OF COUNSE

Before Judge Cox and the jury of seven
appraisers. case 40, Denison & Leighton's
subdivision of Mt. Pleasant and Pleasant
Plains, one of the forty-odd subdivisions
embraced within section one of the pro-
posed plan of highway extensions, was
taken up this morning in the District Court.
On behalf of the District, ex-District At
terney A. A. Birney, exRepresentative
John ]. Hemphill of South Carolina and
Mr.. Walter VOORHEES, appeared as the spe-
cial counsel appointed by the District Com
missioners, while the land owners were rep
resented by Messrs. Nathaniel Wilson, w.
L. Cole, John Ridout, VIM. Birncy, Chas.
H. Armes, Chaplin Brown, w. H. Sohon,
J. H. Lichliter, Ashley Gould and others.
Cases Tried n Year Ago.
Case 40 is one of the two subdivisions
which were tried more than a year ago,
453. 1ngleside subdivision, being the other,
and the constitutionslity of the highway
act of March 2. 1893, having been affirmed
by the United States Supreme Court, and
new trials having been awarded as to a
number OF lots III each case, it was decided
by counsel on both sides to dispose of these
two cases before going on with the I'M
tried ones.
Before the hearing of testimony was
structed the jury, Messrs Robt. I. Fleming.
foreman; Thomas Somerville Geo. Ii.
rant, IT., Clarence +. Norment, w. Clar-
ence Duvall, John A. Hamilton and Geo.
=: SwartZell, as to their duties
FIRST. said the court they should ascer-
tam the value of the land taken. Then, If
out part of lot is taken, they should as
certain what benefit, if any, or what dam
ase' II any, tnere Is to that part of the lot
not taken. for some lots may be benefited.
While others may be damaged. Where lots
are cut on from the highway, the owners
SAD Tie court, have right Of way to the
nignWay, and the land owners are entitled
10 the cost necessary to reach such high
way The court called attention to the re-
qulrcment under the highway extension
act that the jury must ascertain the tene-
MS TO other properties resulting from the
proposed highways, but told the jury that
the ascertainment of such benefits must be
deferred until all the subdivisions have
been tried in order to allow an Intelligent
ana equitable apportionment of such ben
ents. In the case of abandoned streets :he
court remarked that abutt1ng land owners
would have the right of soil to the middle
line of such abandoned highways.
Instruction.. Asked For.
Mr. A. A. Birney announced that counsel
for the District would ask the court to in
struct the jury differently as to abandoned
streets, and Mr.. VIM. Birney, representing
katnarine s. Zoos and others, asked the
court to instruct the jury as follows:
FIRST. 1t Is the duty of the jury to as
certain and determine what property in
the District Of Columbia is benefited by the
laying out and opening CT highways or
reservations or parts thereof under the
highway extension act of March 2, 1893.
second. 1t Is competent for the jury to
determine that all the taxable land IN the
District is generally benefited; to assess
against said taxable lard half of the ;.g-
gregate of awards made to owners for
ia
and to apportton to each parcel Of said
land its proper proportional part Of said
assessment.
Third. That said apportionment can
properly be made upon the official valua-
ton OF each taxable parcel of land in said
District by levyirg fixed percentage
thereon, payable in five equal annual III
stallments. with interest at the rate of
per centum per annum from the date of
the confirmation Of the assessment by the
court"
Decision Reserved.
Judge Cox declined to pass on the pro-
posed instructions until after the taking of
testimony has been concluded, when. he
stated, he will more fully instruct the
jury. Mr.. A. A. Birney then called TO the
stand James H. Forsyth of the District
surveyors office. who identified the subdi-
vision, Mr.. Forsyth being followed by M.
c. Hazen of the District engineers Office.
who identified the plat of the subdivision.
Chas. b. Tanner, a War Department en-
ploye, was the third witness called by the
District, and he stated that he is well ac-
quainted with the subdivision, having
dealt in lands therein. He was examined
at great length as to the present valuation
OF land III the subdivision. and also as to
the effect of the proposed Improvement.
Estimated Values.
He valued lot A at $3.50 foot. 14s at
sl.25; 149. $50 and ISL at $1.2O; 154 at 81. 30
or s1.4O; 100 and 121 at 1920 or s1.25; II
at s1-25: % to 81 at 20 cents; 1O3 and 1O4
at 81; 1O6 at 90 cents; ITO at IS or 90 cents.
10 at $1.25; 126 at $1.15 or 81 20: 116 at 81:
!d9 az 20 cents: ia at 50 cents: lib. 112
!@!; I52, LIB and 134 at So cents A lot on
Ioth street near Grant sold about three
years ago, said the witness, for 90 cents
AS 10 the effect of the proposed improve
ment the witness was of the opinion that
while 1t would benefit some lots n would
damage others. "o"'u
10 MI Wilson the witness explained that
when ne affixed benefits he did SO unon the
presumption that the streets will he i'm
proved as proposed. He also exnla,nad
mat ne thought the filing of the man real
~ appreciated the value of the lands Conn.
sci Tor the District objected to the oues-
tion, contending that the decision of the
United States Supreme Court bound the
jury 10 ascertain the present value of the
iand. Judge Cox allowed the answer suh
Ject 10 MS instructions at the close OF tes-
umony. MIR. Tanner then said that in
mis- opinion, no piece of land in the sub
division affected by the proposed plan of
street extension would bring anythin0 ILL
its true value should it be sold at forced
sale today.