Evening star., 1900-05-26
EXTEND COLUMBIA R
ROAD
Capital Traction and Metropolitan
Lines.
b. AND P. BILL TAKEN UP

/ e@NAoAA Va
| noon.
New Method of Condemnation.
The first measure called up was House
I bill 1850 for the extension of Columbia road
east of 18th street. The purpose of the
| bill Is to open straight entrance to the
| Soldiers Home grounds from Columbia
| road the cost of the Improvement being
| estimated at not to exceed Si4.oo,
| THE chief merit of the BILL, the report
ACCOMMODATING it states, is in the TACT that
| it prescribes a method of condemnation
\ which will stand the test of the courts
The amendments recommended py tl,is @
| committee cover the points raised IN the
decision of the District court officials rem.
dered since the bill passed the House OF
| Representatives. Section II of the bill pro
| yides that the streets already ordered py
| Congress to be opened shall come under the
| provisions of this legislation, except IN
| those cases where proceedings nave actu,
| ally been begun in the courts. Ihe Dill
| and amendments were framed py .he AZ
| torney for the District of Columbia.
| Tine bill provides that if the amount as
| sessed as benefits is less than one-half OF
| the amount of damages awarded the Soti,
| rnissioners may reject the award anu - az
the proceedings shall be null and void Ihe
| court Is also given power to set aside any
| award that it regards as unjust or un-
| reasonable.
MIR. Aliens Criticism.
Mr. Allen of Nebraska criticised section
| 2 Of the bill v nAch provided for the assess
| ment Of benefits. He said the old English
| law, which applied to nearly every state OIL
| the Union, provided that when property Is
| condemned the damages are ascertalhed
| and paid. The principle of assessing bene-
| fits was a vicious one. Property should not
| he taken from the citizen and then power
| given to assess against him as counter
| claim supposed benefits that ne mas sus
| tanned. Mr.. Allen asked Mr.. Mcmillan 10
! .J.;,, nf a
| Mr. Mcmillan said this bill was to open
| streets to Soldiers Home. and the people
| aft ected by 1t wera perfectly satisfied with
it. He had been constantly importuned lof
| the passage of such bill.
| what are the benefits of the bill?' asked
Mr.. Allen.
| ..rrhe Jury determines that" replied Mr.
| Mcmillan.
Mr.. Allen said it was not for the jury to
| determine the law. He asked Mr.. McMll-
! Ian whether he would withdraw the provis-
| ion which provides for benefits in the con-
| demnation of properly, which the FORMER
| declined to do.
| Senator Gallinger said the provision Mr.
Allen objected to usual in the Dis
trict and many other states
| Mr.. Allen replied tnat II was not the
| custom in many states
| Mr. Gallinger said there were many such
! statutes in the District.
| Yes" replied Mr.. Allen. ''and there are
| many unconstitutional statutes here, too,
| another unconstitutional one.
He maintained that any property owner
| could open street if he wanted to without
| such law.
| Mr. Stewart said he had seen the opera
| ton of the principle of the law complained
| OF by Mr.. Allen and 1t did not work any
| hardship on any one. The people got ths
| street adjacent to their property opened.
and to that extent they were benefited by 1t.
Authority to Reject Attacked.
Mr.. Allen also criticised the provision
| allowing the Commissioners to reject the
| award of a jury If the benefits awarded
are not at least oue-haif of the damages
and if they so desire. This authority, ne
| sa i'd should have been given a court, where
| 1t rightly belonged. The provision simply
| meant that one jury after another couid
| make awards until one was made satlsfac-
| tory to the Commissioners. According 70
this bill. he said. no notice was required OF
! the selection of a jury. The property own
ers might not know anything about the
| selection of a jury and their proceedings
| could be in the dark, and the first time the
! property owner could know anything about
what going on was when he should
appear in court.
That provision was like asking a man to
| attend his own funeral. 1t Is con1lscatlon
| without judicial procedure.
| In my humble Judgment he said. III
| is intended to be contiscaton.'
Railroad Bill Goes to Calendar.
| Mr.. Allen paused in his remarks to say
| that he liked to talk to full Senate, and
| suggested that there was no quorum pres
| ent The roll was then called. Mr.. McMll-
| Ian walked over the floor of the Senate
| to the side of Mr.. Allen and the two con-
versed a short time. Mr.. Allen, upon re-
| sumlng, said he would yield the floor to
| Mr.. Mcmillan. who announced that he IN
| derstood that Mr.. Allen objected to the
| passage of the House bill to consolidate all
| the railroads of the District except those
| of the Capital Traction Company, and in
view of that he announced that that Oil
| would not be taken up today, but would DE
| placed on the calendar.
81 have nothing further to offer" re-
| marked Mr.. Allen, and the Senate proceed
| ed to pass the Dill
superintendent of Charities Abolished
House bill 1868 then called up by
Mr.. Gallinger, who offered an amendment
providing for secretary at 5000 and a
messenger at $40 for the board of char
tiles Another amendment abolished the
office of superintendent of charities, whose
salary and other salaries and allowances
provided for by law for his office were to
be available to pay the salaries of secre-
| tary and messenger OF the ooard OF chaf-
tiles. With those amendments the bill was
passed
House bill S49s, to amend the law author
izing the reassessment OF water main
1
passed. with an amendment providing for
the reassessment of water main taxes on
Brightwood avenue, as designated in a
Senate bill for that purpose.
Capital Traction Extensions.
House bills 2S26 and 6243, relating to the
Capital Traction Company, were passed.
House bill 2S26 provided for the extension
of the tracks of the company from their
present terminus at the Baltimore and
Ohio railroad depot so that they would en-
circle square 6s6 bounded by Delaware
avenue, B, 1st and c streets northeast.
The track is to be run from the intersection
of 1st and C streets northwest east on
street to Delaware avenue and then as a
loop around square 6S6
The following extensions are also pro-
vtded for in the bills passed: Begin
ming at the intersection of Pennsylvania
avenue and 18th street northwest; south on
18th street by double tracks to G street
northwest; west on G street by single track
to 2jth street, north on 18th street by
single track to Pennsylvania avenue. Also,
beginning with the tracks at the corner of
18th and G streets northwest; south on
18th street by single track to F street
northwest; west on F street by single track
to 26th street northwest: north on Goth
street by single track to Pennsylvania ave-
nue.: Provided. that for the purpose of
furnishing lOoD for use when necessary