Evening star., 1900-09-18
TAKES AN ADVERSE VIEW
ATTORNEY DUVALL'S OPINION OF
APPLICATION FOR A PERMIT.
Advises Comm fssiOners to Reject
Mrs. Pate's Claim for Damages
Rehenrfng Probable.

In the case of the applicatio of Mr.
Leo Simmons, attorney for Mrs. Fannie
Pate. for permission to move the house
situated on lot 81 block 81, Ho.mead
Manor. to another part of the lot, the at
torney for the District, Mr. A. b. DuvalI
today advised the Commissioners to deny
the same
The house proposed to be moved, ex-
plains Mr.. Duvall, extends over the east
line OF 11th street. extended, and in
the proceedings for the condemnation of the
land Necessary for the extension of the
street the jury, in addition to the amount
allowed as the value. of the part of the
lot within the lines of the condemnation,
awarded Mrs. Pate the sum of SIp,O as
compensation for all damages resulting to
her house by reason of the extension of
the street. The award of the jury was duly
confirmed by the court, states Mr. Duva1,
ana the entire amount thereof has bee n
paid to Mrs. Pate. Therefore, it is his
opinion that the portion of the house with
in the lines Of nth street, as extended,
is the property of the District and not the
property Of Mrs. Pate.
The jury" says Nr. Duyall, allowed
her and she has been paid for all dam
ages of every possible description which
may result to her house by the removal CT
so much thereof as lies within the lines
of the street, as extended. After having
acquiesced in the award of the jury, and
after having received payment for all dam
ages to said house. she now requests a do
NATION of the property for which she has
been paid, at the same time retaining the
m 9ney paid to her for damages, which could
never be sustained by her.
Evidence, ,Inadmissible.
"When the jury was considering the case
evidence was offered in behalf of the Com
missioners to show that this house, as we'll
as several other houses within the lines OF
the street, as extended, could be removed
for relatively small sum, with a view Of
taking an award on that basis and allow
ing the owner to remove the buildings, but
objection was made in behalf OF Mrs. Pate
and the other owners to the introduction of
such testimony, and the court ruled the
evidence was inadmissible, and according
ly it was excluded from the consideration
of the jury. The present application, un-
der these circumstances, In my opinion
comes with very bad grace
Mrs. Pate insisted before the jury of
condemnation upon her strict legal rights
in reference to the allowance of these dam
ages for her house, and expressly declined
to consent to an award representing the
damages costs and expenses resulting from
the removal of her house just now pro-
posed, and having thus obtained her full
legal rights in the matter, in manner and
form as she insisted. there should now be
no revision Of the award by which she
would secure double benefit at public eX
communication on the subject which | in
close herewith. | am of the opinion that
the application should be denied"
Cost of Moving Property.
In the communication referred to by Mr..
Duvall Mr.. Simmons stated that it will
cost Mrs. Pate S3.2S' to move back that
part of her house which the District, he
contends, admits she owns and that when
moved back it will be worth not more than
half of its appraised value, or about $1,000,
making her a loser by the operation of
much more than the difference between the
cost of moving it and the amount awarded
her, which difference, he estimates to be
$717.
80 it comes down. says Mr.. Simmons
"to the plain question of whether or not the
Commissioners desire to wage Il war of
destruction, tearing away that part of the
house within the lines of the street and
throwing the same to the winds, to be
gathered up by mendicants sooner than al
low the owner of the remaining part to
have it. For it certainly has no value to
any one but her. What would it sell for if
the District were to offer it for sale? Not
enough to pay for its removal"
Capt. Beach, the Eng near Commissioner
who has immediate supervision of the mat
ter, has approved the opinion rendered by
Mr. Duval, but it is understood Mr. Sim
mons will ask for rehearing of the case.