Evening star., 1900-10-02
SUPPLEMENTAL PETITION
PROCEEDINGS FOR EXTENDING AND
WIDENING HOWARD AVENUE.
Persons Having Interest in the Con-
demnation of Land Ordered to
Appear in Court.

The District Commissioners through At
torneys A. r. Duvall and c. A. Branden-
burg have filed supplemental petition in
the Supreme Court of the District Of Co
lumb:a. praying the condemnation of the
land necessary for the extension and WIDEN
ing of Howard avenue through lot num-
bered 13oh. in Chaplin Browns subdivision
of Mount Pleasant and Pleasant Plains, as
shown on plat or map giving the number
and designation of the lots affected. the
names of the owners thereof and the area
OF the land required for the extension, pre-
pared and filed by the Commissioners with
their original petition for condemnation.
The original petition was filed March %
1890, pursuant to the provisions of the act
of Congress approved March 3, 1899 en-
titled An act for the extension of Penn
sylNania avenue southeast, and for other
purposes.
After referring to their previous action in
the case. the Commissioners Sc. forth the
following in their supplemental petition:
That by act of Congress approved June
q. 1870 entitled An act for the extension
of Columbia road east of 18th street and
for other purposes" the provisions of sec
items 3, 4. D. q, !, and II of the last
named act and the provisions of section ,
thereof as TO the assessment of benefits
and as TO the right of the Commissioners
OF the District Of Columbia to reject the
award of the jury, were made applicable to
the provisions of said act Of Congress, ap-
proved March 3. 1899, IN 50 far as said last
named act referred 10 the extension and
widening of Howard avenue.
The Assessment Area.
That by the provisions of section 3 Of
said act of Congress approved March g
1S!H ii Is provided that of the amount
found due and awarded az damages for
and in respect of the land condemned for
the extension and widening of the avenue
one-half thereof shall be assessed against
blocks . ,, 4, ; and of Chaplin Browns
subdivision of lng.esidc. and against lots
1-l To IA, inclusive of Chapin Browns sub
division of Mt. Pleasant and Pleasant
Plains. And in and by said act of Con-
gress approved June g. 1890, it is provided
that the assessment area shall remain as in
the act Of Congress approved March g.
1888. provided but that of the amount found
to be due and awarded as damages for and
in respect of the land condemned for the
avenue such amount thereof shall be as
seSsed by jury summoned under the pro-
visions of the act, as benefits and to the
extent Of such benefits. without respect to
the amount thereof. but with the proviso
that if the aggregate amount of the bene-
fits to he assessed determined by the
jury is less than one-half of the amount OF
the damages awarded for and in respect
Of the land condemned the petitioners may
in their discretion reject the award and
assessment of said jury and all proceedings
herein shall be null and void
Prayers Presented.
The supplemental petition concludes with
the following prayers: First, the court IS
requested to cause public notice Of not less
than ten days to be given OF the filing of
the original petition and of the supplement
thereto. by advertisement in such manner
as the court shall prescribe, warning all
persons having any interest In the proceed
ings 10 attend court at day to be named
in the notice, and to continue in attendance
until the court shall have made its final
order ratify!ng and confirming the award of
damages and assessment of benefits of the
jury. second that in addition to such public
notice the court may direct a copy OF the
notice 10 be served by the marshal of the
District Of Columbia. or his deputies, upon
such owners Of the land to be condemned,
and also Of the land subject to be assessed
for benefits. may be found by said mar
shall III the District: third. that after the
turn of the marshal and the filing of
proof of publication of the notice referred
TO. the court shall cause a jury of seven
Judicl0uS, diSInterested men, not related to
any person interested In the proceedings,
and not in the service or employment of the
District of Columbia of the United States,
10 be summoned by the marshal TO assess
the damages sustained. and the benefits
which may result, in the condemnation of
the land necessary for the extension and
widening OF said avenue, as is provided in
and by said act of Congress approved June
g. 1860.
Upon presentation Of the supplemental
petition 10 Justice Cole he signed an order
requiring ali persons having any interest
in the proceedings to attend court the 18th
day OF October. 1869 at 10 O'Clock a. m, and
to continue in attendance until the court
shall have made its final order ratfying and
confirming the award of damages and as
assessment of benefits of the jury.