The times., 1899-02-03
ADVISED TO Reject
THE RELIEF BILL
BroOkland Citizens Claims
May Be Disapproved.
Possible Obstacles TO Future Street
Improvement.
Attorney Thomas Submits an Ex-
haustivc Opinion to the Dis
trict COMMISSIONER.

According to an opinion rendered to the
the attorney for the District. yesterday af-
terncon, the passage of House bill 1889,
for the relief of certain citizens of Brook
land, would establish a bad precedent.
The bill was introduced in the House on
January p last by Representative jenkins.
1t is intended to vest the Supreme Court
OF the District of Columbia with authority
to entertain all suits Instituted by Isaac
S. Hollege, Edward S Morgan, Mary e.
Fisher, John s. P. Green, Charles Newman,
Margaret A. johnson, Lemuel C. Golladay,
James L. Whiteside, and other persons
owning property in Brookland, for dam
ages sustained to property by reason of the
grading of streets in that subdivision.
Should the bill pass. it would give the
citizens affected by the grading legal
status before the District Supreme Court.
In the opinion of Attorney Thomas. this
would be inadviscable. He points out that
property owners in other localities in
cludins the city of Washington, would seek
relief in the same manner.
If the principle involved in the bill were
established. Attorney Thomas declares
that the Commissioners would have to
consider probable damages to abutting
property owners before entering upon any
improvement Of the public highways
The attorney suggests that a better way
to afford relief 10 the Brookand property
owners would be to impose the duty OF
fixing damages on the Board of Assistant
Assessors While the uncertain yerdicts
Of Juries might FIX possible damages
through popular prejudice against the
municipal government, the attorney thinks
that the Board of Assessors would be free
from any such influence, and believes that
the claims would be more fairly passed
upon by them. He. therefore recommends
an adverse report on the bill to Congress
The opinion of the attorney is as fol-
lows:
Tie object d the bill is to compensate GER
tain property owners in BFookland for injurie.
resulting from change OF grade in the streets
Of that suburb. by enabling them TO sue the
District and recover damages.
Speaking Of the exemption of muIicipal coz
poFatiOnS from liability Tor changes in the grade
Of streets, Judge Dillon says:
The courts, ly numerous decisions in most
Of the States, have settled the doctrine that
municipal corporations. acting under authority
conferred 10y the Legislature TO make and re-
pair, 10 grade, level. ard improve streets il
they keep within the limits Of the street, and
do not tre-plsS upon inyad. private nrpDerty
performance Of the work resolved upon, are not
answerablc to the adjoining owner, whose lands
are not actually taken, trespIsSed upon,
yaded for consequential damage TO his premises
unless there j. provision in the constitution of
the State, in The charter Of the corporation or
in some statute. creating the liability. There Is
such implied common law liability. even
though in grading and lcyeliug the street Dor
tion Of the adjoining lot, in consequence Of the
removal "t rs natural support, falls into The
highway
The doctrine stated 10y Judge Dillon was g.
tablisied III the District OF Columbia. in the
"a = oi Gozlcr against Georgetown and was re-
aflTmcd N 1851, in the Of Smith against
the corporation 81 Washington, wherein it was
held that the power TO open aud keep in re-
pair the streets and alleys given to tine city Of
Washington included the power - establish
grade and TO change it when established and
that for the exercise 81 this power when care.
fully and skillflly done. no right Of action ac.
crucd 10 pTOprietOTs Of adjoining property by
reason OF the change OF grade OF the streets.
The Board Of Public Works, created by the act
Of Congress ot February ~. 1871, changing the
form Of government in this District entered upon
an extensive programme Of public improvements
which involved changes IN the grade of many of
the streets OF Washington and Georgetown, re-
sulting III much damage to adjoining property
owncTs. and Congress by act Of June 20, ISL
providing a temporary government for the Dis
trict, created Board OF Audit TO examine and
audit all claims Tor private property taken by the
Board Of Public Works from the avenues, streets.
and alleys Of the cities Of Washington and George
town, and all adjusted claims for damages that