Evening star., 1901-05-01
COURTS REASONING
Judge shiras' Opinion on Street Ex-
tension.
RIGHT OF TAXATION UPHELD
ourteenth Amendment Not Ap-
pIicabIe to District.
EXT OF DECISI n

The decision of the Supreme Court of the
United States on street extension cases in
the District of Columbia, handed down
Monday by Mr.. Justice Shiras is of wide
spread interest and far-reaching import
ance to property owners of the District.
The cases involved the right of Congress,
in providing for the extension and open
ing of streets through condemnation pro-
ceedings, to fix the percentage of assess
ments of damages and benefits
In the opinion of Justice Shiras the SUI
preme Court reiterates it's conclusions
that the United States possess complete
jurisdiction, both of political and munich
pal nature, over the District of Columbia,
and that the fourteenth amendment to the
Constitution of the United States applies
only to action by states and not to the acts
of the government of the United States.
The opinion of the Supreme Court of
most interest was in the case Of John B.
Wight and other Commissioners of the
District of Columbia. appellants, against
Charles H. Davidson, and A. A. Wilson
and John B. Larner, trustees The courts
decision sets aside the decree of the Court
of Appeals of the District of Columbia in
reversing the judgment of the Supreme
Court of the District of Columbia in affirm
ing the verdict of the marshals jury, fixing
awards and assessments of damages and
benefits, and upholds the action Of the lat
ter tribunal
1t is recited that the extension proceed
ings in the case at issue were made under
act of Congress approved March 3,
1899, entitled An act to extend street in
the District of Columbia. and for other
purposes" in which it was provided THAT
of the amount found due and awarded
damages for and in respect of the land
c c,2demned under this section for the open
ing of said streets not less than one-half
thereof shall be assessed by the jury in
said proceedings against the pieces and
parcels of ground situate and lying on
each side of the extension of said streets,
and also all or any adjacent pieces or
parcels of land which will be benefited by
the opening of said streets a5 herein pro-
vided.'
Justice Shiras' Opinion.
Justice Shiras, expressing the opinion of
the court, says:
The principal objections urged against
she validity of the act are, first because,
as is alleged, it arbitrarily fixes the amount
of benefits to be assessed upon the pro >
erty, Irrespective of the amount of benefits
actually received or conferred upon the
land assessed, by the opening of the
streets; and second, because it contains 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 cause by the jury
I'm Bauman vs.. Ross OCT L. s.. 54S), on
appeal from the Court of Appeals of the
District of Columbia, it was held that Con-
gress may direct that when part of par
Gel of land is appropriated to the public
use for highway in the District of Co
lumbia the tribunal vested by law with
the duty of assessing the compensation
damages due to the owner. whether for
the value of the part taken or for the
injury to the rest, shall take into considers-
ton, by way of lessening the whole or
either part of the sum due him. any special
or direct benefits capable of present estimate
and reasonable computation caused by the
establishment of the highway to the part
not taken; that the estimate of the just
compensation for property taken for the
public use under the right of eminent do
main is not required to be made by jury,
but may be intrusted to commissioners ap-
pointed by the court or to an inquest con-
siSting of more or fewer men than an or
dinary jury; that Congress, in the eXer-
else of the right of taxation in the District
of Columbia, may direct that half of the
amount of the compensation or damages
awarded to the owners of lands appropri-
ated for the public use for highway shall
be assessed and charged upon the Dis
trict of Columbia and the other half upon
the lands benefited thereby within the Dis
trict in proportion to the benefit and may
commit the ascertainment of the lands to
be assessed and the apportionment of the
benefits among them to the tribunal
which assesses the compensation or dam
ages; that If the Legislature, in taxing
lands benefited by highway or other pub
lie improvement, makes provision for
tCe by publication otherwise to each
owner of land and for hearing him at
some stage of the proceedings upon the
question what proportion of the tax shall
be assessed upon his land, his property is
not taken without due process of law.
Right of Taxation.
I'm the opinion Of the court In that case,
delivered by Mr. Justice Gray, 1t was said
that the provisions of the statute under
consideration, which regulated the assess
ment of damages, are to be referred, not
to the right of eminent domain, but to the
right of taxation, and that the legislature,
in the exercise of the right of taxation,
has the authority to direct the whole or
such part as it may prescribe of the ex
pense of a public improvement, such as the
establishing, the widening, the grading or
the repair of a street, to be assessed upon
the owners of land benefited thereby and
that such authority has been repeatedly
exercised in the District of Columbia by
Congress with the sanction of this court.
1t was also said that the class of lands
to be assessed for the purpose may be
either determined by the legislature itself
by defining a territorial district or by other
designation, or it may be left by the legis-
lature to the determination of commits
sioners and be made to consist Of such
lands, and such only. as the commissioners
shall decide to be benefited; that the rule
of apportionment among the parcels of
land benefited also rests within the dis
cretiOn of the legislature and may be di-
rected to be in proportion to the position,
the frontage, the area or the market value
of the lands, or in proportion to the bene
f1ts as estimated by commissioners.
by the act of June II, 1890. Congress en-
acted that the Commissioners of the Dis
tr1ct of Columbia shall have the power to
lay water mains and water pipes and erect
fire plugs and hydrants whenever the same
snail be, in their judgment, necessary for
the public safety, comfort or health. By
the act of August II, 1894. it was provided
that hereafter assessments levied for lay