Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-06-19
JUSTICE COX COMPLIES
Order Signed in Obedience to Mandate in
Highway Act Case.
The Awards Heretofore Made to Prom
eftE Arc Confirmed Attorney
WOrthington No Longer Counsel.

In conformity to the decision Of the
United States Supreme Court and in
obedience 10 the mandate of the Court OF
Appeals, Judge Cox today signed the re-
quiste order in case 419, Dennison and
Leishtcn's subdivision of Mt. Pleasant and
Pleasant Plains, the first of the street ex-
tension cases tried in the District court
Under the provisions of the highway act
Judge CoX's order vacates the Judgment
of the District court of June l. 1896 in
which he held the act to be unconstitu-
tional and sets it aside. Then the order
ratifies and confirms the verdict in the case
as to all of the following lots and parts OF
lots: Nos. 122, 123. 12i, 125. 126 and 121
Columbia road; 56, 81, 80, 113 and 60; l2l
and 122, Kenesaw avenue, and lO2 III and
5S
The order further reads: "And a perma-
nent right of way for the public over said
lots and parts of lots taken for a street as
indicated on the plat filed with the peti-
tion in this case, is hereby aIjudged to be
condemned in accordance with the prayer S
of said petition"
Amounts I'm Compensation
10 the respective owners of the parcels
of ground and buildings thereon, condemned
as aforesaid, the following sums are allowed
as compensation therefor: Lot 122, s6S12
LIZ, $l1,6435O; 124, $500; 125, $3.50; III.
s., S.5o; 127, s13,504; 56, s6,3i9.6S; 81, So
2s16o; 3d. A425.Oo; lib, 81 SO 66; Co. 81, 80
III and l22, kenesaw avenue, $l1115 and
*l4.o4S.SS respectively; 1p, SO, lbs: to,
sl3693.Go, and 5S. SS,o74.62
so far as the verdict of the appraisers de-
termined the damages to the various par-
GELS of land, by reason OF the abandonment
oi previously existing highway, it IS rati-
ned ana confirmed, ard ii is decreed that
there are now due and payable to the re-
spectlVe owners of the parcels of land so
damaged, as compensation therefor ac-
coroing TO the verdict, the following sums:
Lot 5O, S,20l.15; south part of lot b3
S6OSS5; west part Of lot IL and north 10 feet
OF lots 14s to l52, inclusive, $5,I+69, and lot
~ sGUo.
New Trials Granted.
In respect to all other parcels of land
mentioned in the verdict Of the jury of ap-
pfa1sers, the verdict is set aside and va
Gated, and new trial granted in respect
tnereto. Further, the judge sets aside and
vaoates that part Of the verdict which as
sessed against the several parcels of land
pursuant to section 13 of the highway act,
tEeir proportional parts of the sum of
SIG. 1851. designated as schedule g.
A similar order is expected to be soon
signed in case 453, Ingleside subdivision.
the second case tried, and in which the
verdict of the jury of appraisers was also
rer dered, both cases going to the United
states Supreme Court, where the act was
held last month to be constitutional and
valid In every respect.
Mr.. Worthfngton Rctfres.
Mr.. A. S. Worthington, who was specially
engaged by the District to represent If in
the cases, and to whose efforts more than
to any other the judgment of the Supreme
Court was obtained, stated to a Star re-
porter today that as a result of a failure
to provide for his compensation he has
Wltfdrawn from any and all further con-
nection with the cases as counsel for the
District, and will so notify the Commits
SlonerS today. Mr.. Worthington said he
has received virtually nothing for his serv-
ices, and remarked that no provision has
been made for his compensation in the
future. He explained that he has been in
correspondence with the District Commits
sloners in reference to the matter, and said
that he has no objection whatever to the
correspondence being made public by them.