The times., 1898-09-24
THE NEWPORT PLACE Case
District Attorney Thomas SIls-
tains the Property Owners.
ARE ENTITLED TO DAMAGES
1t Is Determined That Benefit As
Iecfed Before the Payment of
Damages Allowed by the Jury of
Condemnation.

A request was made some time ago by
property-owners in square GO, between
Twenty-first, Twenty-second, n, and o
Streets northwest, asking the Commits
sioners TO open up minor street in that
square; to change the alley which is To-
Gated in that square into such thor
oughfare, and to call it Newport Place.
The statement was made TO the Com
missioners that the benefits to be derived
from increased assessments would amply
repay the costs of widening the alley.
In consequence of the request, the Com
missioners directed the auditor for the
District to serve notices upon the prop
erty-owners to whom the jury in the case
apportioned benefits, asking the payment
of these benefits. This has resulted in
the receipt of numerous protests from
these property-owners. objecting 10 the
proposed assessments before the actual
benefits were derived. The attorney for
the District, S. T. Thomas, yesterday rem
dered an opinion upholding the objections
of the protestants.
Among the protests was one from Mr.
Mary Nj. Cross. III follows:
ION behalf of certain parties interested
in the condemnation OF land for Newport
Place, / call your attention 10 the fact
that / am advised the auditor for the Dis
trict of Columbia has directed that no
rices be sent to the different parties in
the square affected, requesting payment
OF benefits. This II is submitted, should
rnt ha af all 81
have been paid 10 those whose property
has been taken. Such notices, 1t is sug-
gested, lack validity and have no binding
force al this time if at all. The payment
of damages has been demanded, but to
this time no one entitled thereto has re-
ceived the same. The money is al the
disposal of the Commissioners for the
payment of such, and there is no reason
why it should be delayed. Proceedings
Were taken during the first part of this
year. and by reason thereof persons own
ing property so condemned could not dis
pose of the same. and its use has been
practically taken from them.
1T seems to be the opinion of the aud
itor, as / am informed that the collec-
tion of the benefits should be made or
steps taken TO that end before any dam
ages are paid. position wholly untenable
and not warranted by the statute. / re-
spectfully request such notices be with
held until the damages awarded have
been paid"
Numerous property owners concurred
in the above letter.
The opinion of Attorney Thomas, rem
dered yesterday, is as follows:
THE statute under which this proceed
ing was taken contemplates that the
public shall ultimately be at no expense
for opening the alley or minor street, and
that the reimbursement of the expense
OF opening the alley or minor street shall
be accomplished by way of assessments
against property in the square which the
jury may find TO be benefited. II fol-
lows as a necessary incident TO these
objects that before benefit assessments
can be legally demanded or collected
the public must first acquire title 10 the
land required for the proposed street or
alley by paying the damages awarded
therefor by the jury of condemnation
Before such payment there is no street
either in law or in fact, and consequently
no legal right to demand payment of
benefits based upon the existence of a
street My opinion is that those prop
erty-ov4ers in this square who were
awarded damages by the jury are entitled
TO payment without waiting for the col
lection IF benefit assessments except In
the case of those who are awarded dam
ages In excess OF benefits in which case
the benefit may be deducted and the
party paid the net amount