The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-04

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Andrew B. Duvall, the Attorney for the
District, yesterday handed to the Com
miesioners a copy of the opinion of the
Supreme Court of the United States in
the case of Wight and others against
Davidson and others, trustees, rendered
April %, 1901. The Attorney explains that,
in his opinion, the court reverses the
decree of the Court OF Appeals of the
District of Columbia. and holds that the
act of Congress approved March ), 1899
for the extension of 5 Street IS Vaild
and constitutional. The Attorney says
that this act was similar in terms to the
several other acts passed in March, 1879
for the extension of suburban streets
Mr.. DuvalI submits the following state
ment relative to the decision and It's Ell
feet upon the welfare of the District of
Columbia:
THE Court of Appeals held the act in
valid because it was alleged it arbi-
trarily fixed the amount of benefits to be
assessed, irrespective of the amount of
benefits actually received or conferred
upon the land assessed, by the opening
of the streets; and because it contained
no provision for notifying the owners OF
the property to be assessed in advance of
such assessment or at any time pending
the consideration of the case by the jury
THE Court of Appeals based it's decision
upon Norwood VS.. Baker az L. s., 269)
The Supreme Court holds that the deci-
sion and the reasoning in that case is in
applicable; and that from it's previous de-
cisons, particularly in Bauman VS.. Ross
Q67 L. s, $50, and Parsons VS.. District
of Columbia 40 L. s.. 45.
L l.
er of Congress, by the act of March 3.
1899, to order the opening and extension
of the streets in question, and to direct
the Commissioners of the District to in
stitute and conduct proceedings in the
Supreme Court of the District to condemn
the necessary land; and it was also COM
petent for Congress, in said act, to pro
vide that, of the amount found due and
awarded as damages for and in respect
of the land condemned for the opening of
said streets. not less than one-half there
of should be assessed by the jury in said
proceedings against the pieces and par
GELS of ground situate and lying on each
side of the extension of said streets and
also on all or any adjacent pieces or par
cells of land which viii be benefited by the
opening of said streets as provided for in
the said act and that the sums to be as
sessed against each lot or piece or parcel
of ground should be determined and desig-
mated by the jury, and that, in determin-
ing what amount should be assessed
against any particular piece or parcel of
ground the jury should take into consid-
Grafton the situation of said lots and the
benefits that they might severally re-
ceive from the opening of said streets.
THE court further said: 1t is also es-
tablished by those authorities that, in
proceedings of this nature, notice by pub
LEGATION is sufficient; and it accordingly
follows that the order of publication, in
the newspapers named, by the Supreme
Court of the District gave due notice OF
the fling of the petition and an oppor-
tunity to all persons interested TO show
cause if any they had, why the prayer OF
the petition should not be granted. Such
notice also must be held to have operated
aus notice to all concerned of the pend
ing appointment of jury, and that pro-
/ ceedings under the act Of Congress would
subsequently be had. This gave oppor-
tunity for interested parties to attend
meetings of the jury, to adduce evidence
and be heard by counsel The return OF
the marshal shows that some, at least,
Of the property owners appeared before
the jury and were heard by counsel. If
the appellees did not avail themselves OF
these opportunities the court and jury,
proceeding according to law, were not to
/ blame.
The decision in this case affects and
controls all the other street extension
cases under the acts Of Congress Of March
1899 in which the verdict, award. and as
sessment of juries have already been
made; and I am Of the opinion that we
will now be able to secure confirmation
Of all these verdicts, including the assess
ments therein
In the case of the extension Of Elev-
enth Street the assessment was vacated
by the court and the appeal by the Com
nissioners from that order is now pend
ing in the Court Of Appeals, where the
case has been passed awaiting the deci-
sion Of the Supreme Court Of the United
States in the case of the S Street extern
sion.
Assuming that it is your desire to have
all these cases brought forward and dis
posed of, l viii bring them to the atten-
ton Of the court as soon as practicable
The Attorney for the District, Andrew
3. DuvaI yesterday submitted to the
Commissioners a favorable opinion upon
the request of the City and Suburban Rail-
way for the return of the $500 placed in
the hands Of the Collector Of Taxes. This
deposit was made Under the provisions Of
section of the act of Congress approved
June q, 1895 to amend the charter Of the
lexington and Soldiers Home Railway
Company Mr.. Duvall first quotes from
the section indicated as follows:
THAT within sixty days from the date
Of the approval of this act, the lexington
nv
shall deposit s., 900 with the Collector of
Taxes Of the District of Columbia to
guarantee the construction. equipment,
and re-equipment of its lines, as author
tied and prescribed by this act; if said
sum is not so deposited, then this act
shall be void If said sum is so deposited
and the said lines are not reconstructed,
equipped. and re-equipped as herein pro-
vided for then said sum OF $1,000 shall be
forfeited 10 the District Of Columbia, and
this act shall be void
BY act Of Congress continues the At
torney. approved March 3, 1893, the City
and Suburban Railway Company was au-
| thoriZed and directed TO relocate certain
Of its tracks and to equip with Its under
ground system OF electrical propulsion a
certain portion of It's suburban route.
| Whereupon the act provided:
e" The obligation of the said city and
Suburban Railway Company imposed by
section Of the act approved June a. 1898
in respect to the construction Of its lines
| on North Capitol Street north of = Street
shall cease, and in lieu of that provision
said City and Suburban Railway is re-
quired within six months after North
CAPITOL Street shall have been graded, 10
construct and operate a double-track rail-
way on North Capitol Street from T Street
20 Michigan Avenue; thence TO Michigan
Avenue east TO connect with its present
tracks on Bunker Hin Road.
d" Said railway on North Capitol Street
| north Of T Street and on Michigan Avenue
! is 10 be nnnrated bV the overhead trolley