Evening star., 1900-02-01
MAY NOT BAR PAYING AWARD.
Amendment Of the Act to Extend
Rhode Island Avenue Reported.


Mr.. Jenkins. from the committee on the
District Of Columbia, has submitted to the
House favorable report on House resoIu-
tion ii9. to amend the act for the extension
of Rhode Island avenue by adding to the
sixth sectioa thereof. at the end thereof.
the following proviso. namely: Provided
That no appeal by any interested party
from any decision of the Supreme Court of
the District of Columbia confirming the
assessment or assessments shall delay or
prevent the paymen. OF the awards in re-
spect to the property condemned.
The report on the bill says:
This committee reported to Congress
several bills during the last session of the
Ffty-ffth Congress which have been en-
acted into law, and in all except that for
the extension of Rhode Island avenue a
similar provision was Incorporated. and 1t
was an inadvertence that such a provision
was not Incorporated In the bill for the ex-
tension of Rhode Island avenue ar the time
1t WAS passed.
by reference to the following acts of
congress, namely, the act to extend S
street in the District of Columbia and for
other purposes. approved March 3 1Ssa.
10 the act for the extension of Pennsylva-
MA avenue southeast, and for other pur-
poses. approved March >. 1899. it will be
seen that the amendment now proposed is
identical with the provision of law con-
tanned In these acts and simply makes all
the acts of this character uniform.
!hat the proposed amendment Is wise
ana practical has been already shown in
the execution of the laws of which 1t has
peen made part. In ~the absence of it.
any interested Parry has the power by ap-
PEA 10 suspend all the proceedings taken
under the act, when confirmed by the
court. for an indefinite Period. and may af-
rect tins as WELL upon a mere technical
exception to the proceedings as upon one
. n,aue IN gool faith and meritorious. and
may exercise this power of appeal in a
way That is oppressive and unfair to other
parties In interest who do not desire to an
peal and who are satisfied with the pro-
ceedings as confirmed by the court Ex-
Perience shows that the absence of this
provision tends to delay and defeat the con-
summation of the purposes of the law
itself. "
ION the other hand, il is true and an
parent that the proposed amendment in no
way impatrs the right or privilege of any
Interested party to an appeal from any de-
clslon OIL the court confirming an assess
ment upon this property and a full and
fair hearing thereon I'm the appellate juris-
diction.
THE proposed amendment simpIy con-
hnes MS appeal upon an exception to the
proceedings affecting his rights alone and
does not permit him to carry with his ap-
peal the proceedings affecting the rights
OF other Interested parties and in such
case he is not likely to exercise the right
OF appeal on his part except in good faith
ana upon valid grounds as advised by his
counsel. This leaves the act itself opera
tive and capaa of being carried out to
the extent provided for in the proposed
amendment.
Your committee are Informed that pro-
ceedings have been taken to extend Rhode
island avenue under the act. and that the
proceedings nave been confirmed by the
Supreme Court of the District of Columbia
and that the passage CT the proposed
amendment will greatly facilitate the ex-
ecution of the law and prevent delay which
would otherwise attend the execution of
the act. and they therefore recommend the
passage of the joint resolution herewith re-
ported"