The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-03

The District Commissioners yesterday
| sent 10 J. " Babcock. Chairman OF the
| House Committee of the District OF Column
bia, report on the bill providing for the
relief of the owners of certain property
in Brookland. In this report the Commits
sioners say:
THE bill confers jurisdiction upon the
! Supreme Court of the District of Columbia
| to entertain claims for alleged damages TO
property in the subdivision of Brookland.
| in the District Of Columbia, by reasOa of
| the change of grade of certain streets
| which have been improved therein Under
| appropriations made by Congress. The
facts in the case are about as follows
The act making appropriations FOR the
| expenses Of the government of the District
of Columbia approved June 80. 1893 con-
tanned an appropriation of $1,000 to grade
and regulate Providence. Lansing, Hart
ford. Tenth and Twelfth Streets. Brook
land and improve the connection between
Twelfth Street and Brentwood Road. In ac-
cordance with an established practice OF
the office the grades OF these streets had
been previously established in 1890 y 1891
but very little grading was done on any
Of them except on Twelfth Street Before
the work was commenced under the 9ppro-
priatiou before referred TO- several OF the
property owners upon Hartford and Provi-
dence Streets. between Tenth and Twelfth
Streets. protested against the filling which
would be necessary to bring the streets
to the established grade. The grade on
Hartford Street was the same as that es-
tabished in 1890. or 1891. but the grade of
prnyridauaa raised five feet a
Tenth Street in 1896. in order to permit the
extension OF the sewer system which sup
piled that part of Brookland
AS far as could be ascertained the par
ties who had built their houses upon these
streets did so without Obtaining the estab-
Iished grades from this office but built
them to conform to the surface oil the
ground and as a result. when the streets
were brought to the established grade they
were compelled TO raise their houses to
meet the grade of the streets.
Grades for streets are only established
after a thorough and complete study OF all
conditions. existing and future, and in es-
tablshing them the District endeavors to
do as little damage to abutting property
as is possible. consistent with the interests
of the public in general This was done
in the present case.
Claims for damages by reason OF
nized in the District, except during the
Board of Public Works regime when On
account of the damage done by the very
radical changes of grade in the city
streets and the further fact that the abut
ting property had been assessed for the
street improvements Congress authorized
a r BARD Of audit to examine into such
claims This was in 1874. and Congress
was no doubt induced to do this BY reason
Of the very radical changes in grade. and
the fact that the entire cost of the street
Improvements had TO be paid by abutting
property No such conditions exist in the
present case. as the change in grade is not
radical. and no portion of the cost Of i'm
proyement is charged against the abutting
property.
There is no common law liability for
damages on account of change Of grade. but
such damages. If they have resulted. have
been considered as coming within the
principle of damnum absque injuria. IL Is
believed that to establish precedent OF al
lowing damages for changes in grades. such
as would be established were this bill to
become law. would be most injurious to the
interests OF the District. Congress would
be flooded with bills for relief on account
of such damages. and if the principle were
generally established the Commissioners.
before entering upon the improvement OF
highways. would have to take into consid
Grafton all the damages which might be
claimed By abutting property owners
For these reasons the Commissioners
recommend unfavorable action on the bill,
not deeming il a measure that should be
enacted into law