The times., 1899-08-10

The proposed opening of S, Twenty sec-
ond. and Decatur Streets, which has been
delayed some weeks by reason of a mis-
understanding of the manner in which the
land was described by Congress, will again
be proceeded with by the District Commits
sioners and condemnation proceedings re-
sumed. 1t appears that last month the
District Attorney, Andrew B. Duvall, pro-
cured an order from the court in the mat
ter of the condemnation of land necessary
for the proposed streets and prepared
notices which were handed to the marshal
10 be served.
An error was shortly afterward discov-
cred in the description of the property.
The bill for the extension of the streets,
which became an act, refers to the land
which would be necessary TO "open and
extend these streets through lots II and
AZ in Phelps and Nettle's subdivision of
Connecticut Avenue Heights, part of the
Widows mite. Attorney Duvall then
stated that the description was entirely
erroneous, as the streets were TO be ex-
tended through lots Al and AZ Of Phelps
and Tuttle's subdivisions of Washington
Heights.
Both Connecticut Avenue and Washing
ton Heights are subdivisions in the same
vicinity, but are entirely separate and dis
tinct. AS condemnation proceedings are
always strictly construed, Attorney Duyall
held that the description of the land which
ii was proposed should be taken should
be certain. In his opinion, the Commits
sioners would be unable to sustain and
collect the assessments of not less than
one-half of the amount awarded as dam
ages. The mistake in the description OF
the property to be condemned was re-
garded as a grave one and the Attorney
held that the Commissioners would rot be
justified in taking further action in the
matter of condemnation until it had been
corrected.
Not long afterward Attorneys Britton
and Gray wrote to the municipal authori-
ties, urging that the proceedings fer open
ing and extending the streets be taken by
them. These attorneys understood that
technical error had been found in the act
Of Congress, concerning the street exten-
sion, with respect to the description of the
lots Al and AZ, because these lots of Phelps
and Tuttle's subdivision of part of Widow
Mite are not within the technical subdi-
vision known as Connecticut Avenue
Heights. The firm submitted that this cir
cumstances should not suspend the exc
cution of the law, nor could it be treated
as in any way vitiating the description
nor avoiding the plain intent of Congress.
The letter of the attorneys stated that
there could be no possible ground of OBJ
lection from abutting owners, or from
owners of property which the jury might
find to be benefited by the opening of these
streets. The assessments of adjacent prop
erty for the benefits conferred is differ
ent matter and has no relation, it was
claimed, to the description used in the
statute of the actual land directed to be
taken as necessary 10 the opening and ex-
tension of the streets. The suggestion was
also offered that the law is mandaANgy
and the Commissioners are therein author
| lied and directed to enter the proceeding
TO condemn the land necessary for the ex-
tension OF these streets
mo one reads the letter, "can be In
doubt as to the intention Of Congress or
as to the exact locus of the ground to be
taken in such extension. 1t is not believed
that any court would hold the law un-
certain or vitiated in the slightest degree
| by the unnecessary use of the words. Con
necticut Avenue Heights"
Attorney Duvall recently sent another
| letter to the Commissioners, stating that he
| had been misinformed in respect TO the
subdivisions. He said his information had
| been that there was no such thing as
| Phelps and Tuttle's subdivision in Connect
| icut Heights, part of Widows Mite the
| understanding being that the lots Al and
| ~ were in a subdivision in Washington
Heights of the same name. The Attorney
stated that his criticism did not effect the
| description of the land assessed for bene-
fits because the case had rot reached
that stage of progress. Attorney Duvall
now suggests that the Commissioners pro-
| ceed with the condemnation of the land to
| be taken and the Commissioners have ap-
proved the suggestion.