Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-13
AS TO CONDEM NATION
Commissioners Will Not Appeal From q
Recent Decision.
The Right to Institute Proceedings to
Secure Rights of Way and
Sites for Buildings.

The District Commissioners today decided
not to note an appeal from the decision
of Justice Cox in oyerruling the motion
to confirm the award of the commission in
the proceedings instituted to condemn a
right of way for the Tiber creek and New
Jersey avenue high level and intercepting
sewer. The appeal could not be heard
before next October and the construction
of the sewer, the Commissioners decided,
could not we'll wait until that time. Hence,
they have determined to construct the
sewer around the square, 635, bounded by
3 and c streets south and 1st street west
and Delaware avenue. through which
square they had hoped to run the sewer.
By the District appropriation act of Au-
gust 6, 1880, it was provided that the Com
missioEers should thereafter have all the
powers conferred by the act of August l.,
1888, on the Secretary of the Treasury and
other officers of the United States for the
condemnation of land for sites for school
buildings, etc, and for the right of way
for the construction, maintenance and re-
pair of public sewers. application for such
proceedings to be filed in the Supreme Court
of the District
The District appropriation act for 1898
provided the sum of $4,000 for the work,
and after providing the further sum of
$3S5,oo0 for the portion of the sewer be-
tween the foot of New Jersey avenue and
the Capitol grounds, the bill set apart the
sum of 81, 600 for the purchase or condem-
nation of rights of way for the construc-
ton, maintenance and repairs OF public
sewers.
The Commissioners, believing that they
had the right to condemn the right of way
Tor the sewer through tines square in ques-
ton, instituted the required proceedings.
But Justice Cox. after the award was
made and a motion entered to confirm the
award, held that the Commissioners were
without authority to institute the condem-
orc ha NOT
expressly or by implication. declare that
the right of way for this sewer should be
acquired over private property by a con-
domination proceeding, and he accordingly
dismissed the petition.
In acQuanting the Commissioners with
the action of Justice Cox the attorney for
the District said that while there have
been numerous condemnatio proceedings
Tor rights Of way for sewers, sites for pub
lie schools, engine houses etc, instituted
by the Commissioners without any express
direction OF Congress, the question of their
authority to institute such proceedings, SO
Tar as he knew, has never been raised
In view of the fact that the annual ap-
preparation bills carry appropriations for
condemnation of rights of way for sew
ers, it seemed to the attorney for the Dis
tr.ct that Congress contemplated that the
commissioners would have occasion to in
sutute such proceedings, and that the ap-
preparations might be considered directions
by implication, if the necessity arose for
such proceedings.
The question raised in the case will, how
ever, have to be raised and decided in some
other similar proceeding, for as stated
above the Commissioners feel that the con-
struction of the sewer cannot well be de-
layed until a decision Of the Court of Ap-
peals Is obtained, and they have, there
fore, determined that no further action be
taken in the case, and that the sewer be
constructed around the square, instead of
taxing the preferable course through it.