Evening star., 1901-04-30

for the ascertanment of benefits resulting
from the Improvement. The Supreme Court
also sustained the validity of that law
Many cases arose all over the United
States Immediately after the decision of
the case of Norwood against Baker involv-
ing the validity of similar laws MANY
courts following the decision of the S,I-
preme Court, treating it's last decision as a
departure from it's former ruling. The de-
cision of yesterday sustains the right of
the legislature to prescribe what part of
the cost of the public Improvement shall he
assessed against abutting property bene-
fitted thereby.
Importance of the Decision,
The Importance of the decision cannot
be overestimated. 1t sustains the right OF
Congress to provide for the opening wild.
enlng or extension of streets and for the
laying of new curbS, sidewalks and the
making OF other improvements, and at the
same time to recover from the owners of
adjacent property benefited thereby such
proportionate part of the cost of the i'm
provements as Congress may determine is
the extent of special benefits resulting
therefrom. If the decision of the Court of
Appeals had been confirmed and the prin-
ciple contended for sustained, public i'm.
proVements would have been paralyzed at
least until Congress made adequate provi-
sion therefor by the enactment of other
laws.
THE decision will enable the Commits.
s1oners to proceed with expedition in all
pending cases. 1t will relieve owners whose
property has been clouded by the pendency
OF the proceedings, and enable the public
to acquire land necessary for important
public improvements and at the same time
so far remove doubt to the power of
congress in such cases as to permit any
proceedings Instituted hereafter to be
speedily prosecuted to conclusion
Proceedings have been instituted in all
cases where Congress has directed, and in
several instances they have been finally
concluded and the property paid for. The
situation in the other cases is about as
follows:
Situation in Other Cases.
In the extension of Rhode Island avenue
the jury returned it's verdict and award,
which the Supreme Court of the District OF
Columbia confirmed on January 81 1850.
An appeal was taken by property owners
and is now pending.
In the extension of Howard avenue the
verdict and award of the jury was filed on
November II, 1900. Exceptions We're filed
by property owners, but have not been dis
posed Of
In the extension of Staughton street the
verdict of the jury was flied on October ),
1900. Exceptions We're filed by property
owners, since which time no further action
has been taken.
In the extension of Sherman avenue the
verdict of the jury was filed on MAY %.
l3oo. Exceptions We're filed by property
owners, but no further action taken
In the extension of 18th street the iury
MED its verdict and award on February II. .
1900. On July last the Supreme Court of
the District of Columbia affirmed the award
or damages to property owners, but va
cated the verdict as to assessments fo1.
benehts From that part Of the decree the
commissioners have noted an appeal TO th,.
Court of Appeals.
In the extension of Columbia road ca st
OF o 18th street. the verdict of the jury was
E"l with the consent of the parties in in
terest. the verdict was finally confirmed.
IN the widening of Columbia road and
old 10th street the jury returned its YER
dlct on September u, 1861 and in addition
to benefits assessed against property-ovn-
ers, assessed $4,000 as benefits against
the metropolitan Railway Company. Ex-
ceptions have been fled to q e verdic, and
award in that case, but no further pro-
ceedings have beer. had.
In the extension of 10th street testi-
monE has been taken and the case submit
ted t. the jury, whi~ is now deliberatine
over its verdict and award
Petitions have been filed for the extern
sion of Pennsylvania avenue southeast to
the District line. for the extension of Eek
hgton place between Q street and Florida
avenue, and for the openitf~ of Elm street
from Linden street to 18th street but no
further proceedings have been taken there