Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-31
EXCEPTIONS TO RULING.
MIR. Leo Simmons Takes Issue With
District Comm ssiOners.

District Comm ISIS toner's.
Mr.. Leo Simmons president Of the Co
lumbia Heights Citizens Association, has
written a letter of protest to the District
Commissioners against what he terms an
'Inwarranted ruling" to the effect that
the act Of March 3, 1899, relating to the
opening Of 18th street extended is defective
and thH before going further with con-
demnation proceedings they will await ad-
ditional legislation. The Commissioners
reached this decision some time since.
Mr.. Simmons contends there Is no differ
ence between the acts relating to the ex-
tension OF 18th street and 10th street, as
he understands is Claimed by the Commits
sioners or their subordinates.
Your Mr.. Richards Claims" continues
| the letter of protest. that because of the
act for opening 11th street does not use
the words pieces or parcels of ground sit
uated and lying on each side of the ex-
tension of said street instead of 'abutting
the street to be opened, this is a great de-
feet. l nave been taught that the words
'abuttlng and lying alongside are Synony-
nous.
1T is all one body of land bounded by
this street when 1t is opened. and it. mat
tiers not whether the lot fronts on 18th
street or not. if it comes within 200 feet of
its line, extended, the jury will assess
it for benefits. But l shall dismiss this
subject, as l think it would be more to the
credit of Mr.. Richards if he would do his
part of the work toward executing these
laws. instead of hunting for defects to de-
feat them
In regard to the claim that as the act
does not provide for assessing benefits
against any property outside of this BOO
foot limit, that the assessing of the prop
erty within would amount to confiscation.
Mr.. Simmons says he finds nothing in the
act providing that any ones property shall
be taken without just compensation. He
enters into some detail on this point and
cites a hypothetical case.
Concluding, Mr.. Simmons says:
Il submit that 1t is the province of the
court to say wherein these laws are de-
fective and not that of the Commissioners.
People are suffering by reason of this delay.
Their property has been tied up for nearly
two years by reason of the extension of
this street, and their free use Of same is
practically taken from them; yet they have
to continue to pay tax penalties, etc, while
those whose duty it is to push the execution
of this law are procrastinating and hunting
for defects to defeat them or to cause fur
Their delay.
Il do not mean to charge any one of your
honorable body with any intention to delay
these matters but 1 say with all possible
candor that your Subordinates are pro-
crastinating and unnecessarily delaying
this work. For instance, the act in relation
to Sherman avenue. New Hampshire ave-
nue and 18th street requires the petition to
be filed within three months from it's pass
age and not until the very last day and
hour was it done. Why was this? This time
was certainly more than sufficient.
Il can well understand your position, and
that each of you has had great deal more
than a reasonable task; therefore some
thing must go undone. But l trust that
your honorable body will see that no
further delays are allowed in the execu-
ton of these laws; and if in your opinion
they are defective. it will be left to the
courts. whose duty it Is to decide such
questions"