The times., 1899-10-29
THE ExTENsIoN oF STREETS.
4 Case Involving Two Highway :
nefore Judge CoIe.

Judge Cole, holding the District Court
yesterday heard arguments in the case in
volying the extension Of S, Twenty second,
and Decatur Streets.
Congress by act approved March 3, 1899,
directed the Commissioners to file a pro-
ceeding in the District Court to condemn
the land necessary to open and extend
these streets through Mr.. Tutte's proper
Ly The marshals jury awarded him $52-
600 for the land condemned, and under the
terms Of the act Of Congress assessed one
half Of that amount against the land lying
on each side of the extension of the streets
and on the adjacent parcels of land which
they found would be benefited by the ex-
tension.
The owners Of the Kali" tract lying
west of Mr. Tutue's land, were assessed
$4,000, and Mr.. futile was assessed $12.-
600, while the balance was assessed
against lots near the Kali" tract.
The hearing yesterday was on exceptions
filed by the owners of the Kali" tract
/ seeking TO yacate the verdict, assessment,
and award Of the jury, claiming that the
/ act of Congress under which the proceed
| ing was taken is unconstitutional. The act
is claimed TO be void because it does not
provide for notice Of any kind to the per-
! sons whose property may be assessed for
one-half Of the condemnation award.
| The court, upon the filing of the petition
| for condemnation, directed a notice of
| publication 10 be given to all parties in
| terested This notice was published in the
| daily papers and the marshal served a no.
| tice upon the owner Of the land that was
! to be taken for the extension Of the streets
When the jury Of condemnation filed
! its verdict, the court directed that notice
be published that the award would be con-
tirmed unless objections were shown and
in pursuance Of that notice the owners of
the KALI tract appeared and objected
to the notice.
The act is further claimed to be un-
| constitional because Il directs one-half of
! the condemnation award to be assessed
| over against property that will be bene-
| fitted The contention is, that this is con
| trary TO the Constitution, and is in effect,
| the taking Of private property without
! compensation; that Congress has not the
| authority to authorize assessments
| in excess Of the extent to which,
! in point of fact property may
! be benefted-and this act undertakes
| to assess one-half of the award without
regard TO whether any property anywhere
! is benefited to that extent
! The case is Of more than ordinary i'm
portance, because the several acts of Con-
! gress directing street extensions passed
at the last session, are all liable TO the
same objection. The policy OF Congress,
as declared in these acts, is a new depart
ure for street extension in the District.
| The scheme requires the payment of the
! condemnation award entirely out of the
| revenues of the District, of which amount
| one-half is to be reimbursed by the Dis
trict through the benefit assessments on
adjacent property. The law requires that
the condemnation award and the assess
ment shall both be confirmed by the court
| before payment is made SO that none OF
the streets can be opened until the as
sessments are confirmed by the court