Evening star., 1898-05-20
Action Of House tin Abolishing
Highway Plans.
COST INVOLVED IN PREPARATION
Probable Excess of Expense ifPIans
Should Be Set Aside.
JUDGE BRADLEY'S OPINION


sidering what effect the recent repeal of
the highway act, as passed by the House.
might have If it Is put in force. Since the
passage of the act aggregate of about
$50 00D has been spent in preparing plans
which now practically cover the whole Dis
trict. Sections one and two are recorded
Section three is in the hands of the su-
perior commission for its approval and
section four (the lasD is receiving the final
touches before being submitted to the pub
lie for hearing.
These sections, not including water area
and public grounds, cover, in round num-
bers, 2S,50O acres, and of this area S1OO
acres (or 2s1a per cent? are included in
streets. About 5000 acres of this are al
ready subdivided, leaving 23,500 acres in
unsubdivided land.
The plan in the agricultural lands. there
fore, covers several times the settled parts
of the District, and it is claimed that such
care has been given to the plats that they
should stand at least as guide for new
subdivisions. The repeal of the highway
act would bring In action the Get of 1885
and the following opinion by Judge Bradley
would apparently prevent any use of the
plans prepared under the highway act.
Judicial Ruling.
Judge Bradley said:
Hence the act of August 27, 1885, Con-
formity is made imperative by section 5 of
that act. Any subdivision of suburban land
in the District, made pursuant to the gen
eral order, although ordered by the Com
missioners to be recorded in the surveyors
office is by that section forbidden record,
unless made in conformity with the gen.
eral plan of the city of Washington The
orders authorized and directed to be made
are general, such would apply to all fu-
ture subdivisions and plats, and secure order
method harmony and conformity.N No author
ity is conferred upon the Commissioners to
permit, and certainly none is given to COM
pei the departure of an extended avenue or
street from conformity to the general plan
in any instance. No power is given to To-
cate specific highway or devise a system
of highways in that part of the District ly-
ing outside of the cities. No provision for
such system was made by law until the act
of March =, 1893. Their authority UNDER
the act of 1888 is solely to regulate plating
and subdividing by orders 50 framed as to
be applicable to all cases, and their duty is
to see that these orders are complied with
The condition precedent imposed by Con-
gress to record any plat is that the subdi-
vision shall conform to the general plan of
the city of Washington.
If the plan of 1888 under the above ruling
shall require straight extensions, 1t will in
Volve expense in grading that will, these
officials claim, exceed anything content
plated at present and will, besides. prevent
many picturesque and rsmote parts of the
District from being laid out in the most
approved manner ldHUSCdQC elitCt
Question of Expense.
1t is conceded that some plan is desirable
but it is argued that the present one is too
aesthetic and expensive. by h comparison
of what is done in other cities, well as
with the plan of Washington itself. such
does. not seem to the District authorities to
be the case The present plan does not pro-
vide for the wholesale system of reserva-
items that exists in Washington proper, nor
does 1t exceed in percentage of streets what
is required In other cities.i Boston, New York
Philadelphia, Buffalo and places of smaller
size have from % to 30 per cent of their
areas in streets. The present plan for the
District provides for 2sl2 per cent in
streets, which may still further be reduced
by an amended plan of section l.
Advance plans have been prepared in the
larger cities for nearly a century and not
only are the lines put on maps and pub
lished, but the streets are marked out on
the ground and in Philadelphia the law
goes so far to declare that If party
builds in one of these extended streets no
damage shall be allowed for such improve
ment
Reasons for Making Plans.
1t is claimed that the most potent reason
for a plan is that where none exists there
is always an agitation for it. Land is too
high for agricultural purposes, and must
some day be subdivided and have streets
ara rights OF way over H. lie Olily pi az
tical difference between making plan now
and one in the future. the supporters Of
highway plan declare, is that 1t pre-
vents small purchasers from putting their
savings in place that is likely to be want
ed as a street or may stand in d much-need-
ed line of travel Mt. Pleasant is cited as
an example of thu need of a highway plan.
1t is said in the engineer department that
there is one misconception about the dona
tion of streets. A party who donates an
avenue 100 feet wide through his lands does
rot part with title or even give that width
as a highway. What he actually gives
a highway is so feet, the rest being front
yard, to be used exclusively by himself.
In the same way 90-foot donation really
means 60 feet which is not in excess of
streets in other cities.
1t Is expected i'll some quarters that the
Senate viii! preserve the highway plans so
far as they relate to the unsubdivded land
in the county, without providing at this
time for any changes in existing sub
divisions. By this arrangement the fif-
teanth section of the highway act, to which
there has been the strongest objection,
would be repealed, and the map of the
first section of street plans would be elimi-