Evening star., 1900-05-05
VICIOUS LEGISLATION
CHARACTERIZATIO OF BILL FOR
EXTENSION OF THOROUGHFAREs.
Opinion of Mr.. W. j. Lambert of Pro-
visions Affecting s. 18th and
11th Streets.

Mr.. ". ]. Lambert. who represented sew
eral property owners in the condemnation
proceedings incident to the extension of
11th street, has addressed letter to the
District Commissioners upon the subject.
After referring to the recent decision of the
Court of Appeals. in which the court held
the law under which the proceedings were
had to be unconstitutional, Mr.. Lambert
says that since 1893, when the general
highway extension act was passed which
proved so disastrous in its results. and so
injurious to property interests that repeal
was made imperative, Congress has been
experimenting with this character of leg
islation until the community was fairly
dumbfounded when brought face to face
with the vicious and unjust provisions of
the so-cal!ed street bill, embracing SINH
lar legislation for 10th street. 11th street
and New Hampshire avenue. By the terms
OF the original legislation the question of
the amount of benefits to be assessed, he
states, as well as the area within which the
same were to be computed, was left largely
to the discretion of the condemnation jury,
with the inevitable result that iuries COM
posed of representative and Intelligent busi-
ness men were forced to report an almost
total inability to discover benefits predicted
upon the mere taking of title to the street
area by the government
To remedy this so-called evil" continues
Mr.. Lambert, Congress in formulating the
ldttr dClS was not content with violating
the compact of 1878 by providing that the
entire damages awarded must be paid from
the District revenues. but actually assumed
part of the functions of the jury by peremp-
torily directing the latter to assess arbi-
trarily within areas of about 2o0 feet from
the sides of the proposed street at least
one-half of the entire damages awarded
Naturally citizens who had been nearly ten
years soaded and financially oppressed by
clouds cast upon their titles, through such
incompetent and experimental legislation
felt that limit to their enduranca had been
reached, and judicial relief must be sought
The Practical Question.
Now. the practical question confronting
us is how to secure the desired extensions
speedily and with something like fairness to
the District and owners. Certainly this end
cannot be obtained by the prosecution of an
appeal to the Supreme Court. for to borrow
from the able address of the learned attor-
ney for the District in the 11th street case
the dose is as nauseatng to administer as
1t is to those to whom administered. Will
the present idea of leaving assessments of
the benefits to the jury as before prove eff
fective? / think not; for, while this meth
cd is fair when the assessment area is also
unrestricted. experience has demonstrated
what must be the result. Would the prob
lem be solved by an adherence to the COM
pact of 1878. with power to the Jury to
assess benefits? This. l understand. has
been suggested by the board of trade, and
uilISSltdtlIlSly say yes, IL WOULD prove the
proper and ideal method. The government
would thus bear it's share of the expense
and only actual benefits would be levied l
am firmly convinced, as the title to the
streets becomes vested in the United States
and no possible benefit can accrue upon the
mere transfer of title pending actual devel-
opment, that this is the only course the
people, In justice to themselves can pur-
sue.
An Example Cited.
Should Congress, however, turn a deaf
ear to all appeals and the extension of GER
tain streets become a necessity, l would
suggest that we might profit by the exam
pie of our neighbors at Takoma in their
efforts to obtain an adequate water supply,
and let one-half of the cost be paid from
the general funds and the balance be de-
frayed from the proceeds of bonds issued
for that purpose. In this way We might
hope to escape from the shadow of a de-
felt which legislation of Congress has cast
upon us