Evening star., 1901-04-29
STREET EXTENSIONS
Decision Of the United States Supreme
Court.
COURT OF APPEALS REVERSED
Assessment Of Benefits and DAM
ages to Stand,
JUSTICE SHIRAS' REMARKS

- 7NNNis'i SllfFN tAlenSlnH cases Rp-
lore the Supreme CoGrt OF the United States
were today decided, the awards In such
cases as approved by the supreme Court
OF the District OF Columbia being affirmed
While the action of the Court OF Appeals
In reversing the Supreme Court OF tile
District was reversed
In the case OF John B. Wight and other
Commissioners Of the District Of Columbia
appellants, Ns. Charles II. Davidson and
A A. Wilson and John h. I.arner. trus-
tees, the United States Supreme Court to-
day ordered that the decree OF the Circuit
Court Of Appeals of the District of Colunl-
bia be reversed and that the decree OF the
Supreme Court of the District he affirm u.
This is the case commonly known as the
street extension ease and involves the ss-
sessment of benefits and damages against
property on account of condemnation for
the opening of streets.
The KoII Tract.
On March 81, lSEi, the Commissioners
filed petition IN the Supreme Court of III.
District, alleging that the owners OF tn.
Kohl tract had dedicated TO the District for
highway purposes the land in that tract
contained within the lines of S 22d and
Decatur streets; that a map of the pro-
posed extension OF those streets had been
prepared. and praying the court to direct
the marshal of the District to summon A
jury to assess damages il any appeared
On July n IS,a. the court ordered that "A
jury be summoned to assess damages and
directing that OF the amount due and
awarded da ma StaS bE the iHrN In respe,t
to the land condemned for the openinr az
streets not less than one-half he assessed
by the jury against the pieces of ground
lying on each side of the extension of IN.
streets aud also ol all adjacent pieces Of
land which would be benefited by the Omen
ing Of the streets. and to further proceed
in accordance with the act Of Congress sp-
proved March >, ls!J
Awards We're duly made and on Sent.n,
Der 10, 1879. the Supreme Court of the njs
trict entered an order confirming the award
and assessment unless cause To the con-
trary should be shown by October !, 1s.s
Exceptions Taken.
On exceptions taken October the sp-
pellees filed exceptions 10 the confirmation
of the award and finding of the jury. as
the owners Of the tract Of land known In
the proceedings as the Kali tract The ex-
oeptions held that the award Of damages
were not Warranted by the statute. that
the act was unconstitutional and void be-
cause II did not provide for any notice ID
the owners OF property in advance of as
Sc ssment: that the statute related to the
condemnation Of land solely and contained
no provision touching assessment Of bene-
nus lIAdl Tue dSSeSSEent OF btAlrIltS against
property forming no part Of that sought II
be condemned. was Inconsistent with the
statute: that the description Of the prop
erty was Inaccurate. and that the award
of damages We're excessive.
On November Is. 1892 the exceptions
were overruled and the verdict awarded.
and assessments Were I'm all respects con-
firmed The cause WAS then taken on an
peal to the Court OF Appeals of the Dis
trict. On April - 1890. the order and de-
cree of the supreme Court OF the District
We're reversed by the Court OF Appeals and
the case removed to the Supreme
Court of the District of Columbia with li-
rectfons TO Ndcate the decree and for other
proceedings as might be proper. The case
involved the ccnstitutionality OF the act Of
Congress approved March 2. 1899. under
which the assessment complained Of WAS
made.
District supreme Court Sustained.
Mr.. Justice Shiras. in delivering the op!n-
ion Of the court. said IN part:
we think the Court Of Appeals In re-
garding the decision Of Norwood VS.. Baker,
as overruling our previous decisions in re-
spect to congressional legislation in re-
spect to public local improvements in the
District Of Columbia. misconceived the
meaning and effect OF that decision. There
the question was as to the validity OF a
village ordinance which imposed the entire
cost and expenses OF opening a street. ire
spective of the question whether the prop
erty was benefited by the opening of the
street.
1.-The legislature OF the state had not de-
fined or designated the abutting property
as benefited by the Improvement nor had
the village authorities made any inquiry
into the question Of benefits. There having
been no legislative determination as to
what lands were benefited, no inquiry insti-
tuted by the village councils, and no op-
portunity afforded to the abutting owner
to be heard on that subject, this court held
that the eNGcti0n from the owner OF pri-
vate property of the cost of a public inn
provement in substantial excess OF the spe-
cial benefits acCruing to him is. to the eN-
tent of such excess, taking, under the
guise of taxation, OF private property for
public use without compensation. and ac-
cordingly affirmed the decree of the circuit
court of the United States, which, while
preventing the enforcement of the partic-
ular assessment in question. left the VII
lage free to make new assessment upon
the plaintiffs abutting property for
much Of the expense OF opening the street
as would be found upon due and proper
inquiry TO be equal to the special benefits
accruing to the property.
THE second proposition upon which the
circuit court proceeded was that sufficient
notice had not been given in respect OF the
assessments upon the property. This ques-
tion think has been disposed Of by pre-
vious decisions. . -
The opinion then says the decree OF the
Court of Appeals Of the District is reversed
and the decree of the Supreme Court OF the
District is affirmed
Two other Cases Decided.
The court also decided the cases OF
Wormley VS.. the District Of Columbia and
Allen VS.. the District Of Columbia, both
Of which involve street extensions similar
to the above fn the same way, upholding
the awards OF the Supreme Court OF lhe
District OF Columbia.
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