The times., 1901-06-19
CITY DRIVES ADVOCATED
Citizens Express Views on the Six
teenth Street Extension.

At the Hearing Before the Commits
AiOners National boulevard Is
Urged-Courses of Action Suggest
ed-Many Prominent Men Present.
! The Commissioners yesterday granted a
| hearing to those interested in the ques-
tion of the Sixteenth Street extension A
| few days ago the report from the court
on the findings of the jury of award was
| transmitted to the Board, and in consid-
| erlng the matter the Commissioners
voted to reject the awards of the jury
on the ground that the benefits assessed
were not 80 per cent of the damages. This
action was left to the discretion of the
Commissioners under the provisions of
the law approved June 8. 1900.
Before the issue of tie order embodying
the action of the Commissioners certain
| parties asked the Board to suspend its
action and grant public hearing for the
! presentation Of certain views relative to
the matter which might affect the final
! decision of the Commissioners The hear
! ing was granted and yesterday set for the
( presentation of the case.
| Judge c. c. Cole presented to the Com
missioners the legal aspects of the case.
| speaking for more than an hour and re-
viewing carefully the legislation relating
! to the opening of Sixteenth Street. and
the reasons which. in his opinion. should
induce the Board to reverse or qualify
/ it's action Judge Cole pointed out that
three laws had been enacted with refer
! ence to the matter The first of these
was the act approved March 80, 1899, which
| authorized the opening of Sixteenth
! Street from Morris Street to the District
| line, 100 feet wide. etc. This law also pro-
! vided that the proceedings for the open
! ing Of the street should be in accordance
with chapter il of the general act of the
| opening of streets in the District.
| A second act was approved January 80,
! 19O0 which Judge Cole showed modified
tn, former act in several particulars. es-
pecially with reference to the percentage
of benefits to damages. The third act
| to which Judge Cole referred was the act
/ of June 6. 1900, which. in It's title, was
/ act for the extension of Columbia Road
east of Fifteenth Street, but section II
| of the act applied its provisions to the
| opening of Sixteenth Street. The terms
of this act. Judge Cole pointed out. abro-
gated the act of y =. and provided an en-
| tirely new arrangement for the proceed
/ iEgs for condemnation.
After pointing out this change in pro-
! cedure from the original act. Judge Cole
! reminded the Commissioners that by re-
! jecting the awards the Commissioners
would render null and void all the pro-
| ceedings in the case. He stated that the
courts would probably make that ruling,
| and that the Commissioners in exercising
the discretion allowed them under the
| law. would render It necessary to go be-
! fore Congress again to ask new legisla-
tion for the opening Of Sixteenth Street.
| IN HioN Of hp
suspense intendent thereon, would amount
| to a calamity to the property holders
along the line of the highway.
| Judge Cole said that the Commissioners
could not, after rejecting the findings of
| the jury, call for another to pass upon the
matter, but that they could reserve their
decision and present reasons to the court
for the creating Of a new jury This jury
! could pass upon the questions involved,
! the court could approve or disapprove the
| same, and then the Commissioners would
| still have their power of discretion left
| Judge Cole also showed the Commission
| ers how they might refer the findings OF
the jury to Congress itself with re-
| port that 1t was the best possible to be
obtained, and Congress could approve the
| same
B. f. Leighton followed Judge Cole in
tions existing In the line of Sixteenth
! Street and the difficulties with which the
| jury had 70 contend. He showed that the
proposed street runs through territory
which is already subdivlded with streets
| and avenues Some of these streets par
! allel Sixteenth Street but a short distance
! away and he said that with the conditions
| there the jury could not possibly find
| enough property to make the benefits 80
cent 81 10Th n
! spoke of the powers of the court and of
| Congress in the matter and showed that
| to make the difference between the bene
nts. SlB.O 900. and the damages. $T30, 900, less
than 1t now is would result In a vast in
Justice to the property owners along the
line Of the street.
Chaplin Brown spoke briefly about the
probability of the rejecting of the findings
of the jury nullifying the proceedings in
| toto de took the ground that such
would be the case and showed from quo
tation of the law that no other interpre-
tation'could be put upon the act
Ex-senator John r. Henderson appeared
as private property holder and In giving
his views read a letter he had written
several days ago TO Andrew B. Duvall the
Attorney for the District. This letter
proved to be an exhaustive review of the
whole subject and equal to judicial de-
cision Mr.. Henderson criticised the act
as in an important sense contrary to the
fundamental principles upon which the
Government was founded In that Congress
the judicial power. Mr. Henderson de-
clared that the words of the law were of
dangerous comprehension.
At this point Mr.. Henderson made
reference TO the Constitution. Stopping
his reading and deliberately slipping from
a glass of water standing on the table,
he remarked: Gentlemen. | beg your
pardon for referring to such an uncertain
thing the Constitution. You know there
are two of them now-one that follows
the flag and one that does not"
Mr.. Henderson spoke of the character
of the proposed boulevard, comparing It
with Broadway I'm New York the Strand
in London, and to the Champs Elysee in
Paris. He said that il was a national
highway too great for local taxation and
too grand for specific levy. He thought
that Congress ought to build the avenue
at national expense; that it was enough
to cut through the holdings of property
holders without charging them in addi-
tion for building the road.
Mr.. Henderson closed by suggesting
that a way be devised for the future
opening OF streets fraught with less
trouble and annoyance TO the property
holder. He suggested permanent COM
mission Of experts to buy the property
for the street and to resort to condemna-
tion proceedings only with those who
would not sell at fair valuation.
The three lawyers, Messrs. Cole. Leigh