The Washington times., 1901-12-05
THE EXTENSION OF
SIXTEENTH STREET.
A CONFERENCE ON THE QUESTION.
Commissioner MacfarInnd and Rep
resentatiye Bnbcock Discuss the
ProbIem-Action of the
Board Praised.

An informal discussion of the matters
pertaining to the extension of Sixteenth
Street took place yesterday at the Dis
trict Building between Commissioner Mac
farland and J. W. Babcock. Chairman of
the House Committee on the District of
Columbia. The question of accepting the
findings of the jury of condemnation in
this case has been a difficult problem for
the Commissioners to solve. They, per-
haps, were clothed with authority TO deal
with the matter, and yet to have done so
would have been to go contrary to the
expressed will Of Congress.
The motive to act on the part Of the
Commissioners was verr strong for the
reason that the property involved in the
extension of this thoroughfare has been
tied up in litigation for more than two
years. Yesterday Mr.. Babcock assured
the Commissioner that the Board had
acted exactly right in declining to decide
the question before reporting to Congress.
The Original LAW.
In this connection 1t may be said that
the original law authorizing the opening
of Sixteenth Street provided that the jury
OF condemnation should assess the bene-
fits at so per cent of the damages. When
the jury returned findings in accordance
with this act the matter was taken into
the courts by interested property holders
and the law limiting the proportion of
benefits to damages was declared uncon-
stitutional
Soon after the matter was referred to
Congress and an amended act was passed
authorizing the Jury of condemnation to
assess benefits and damages in any pre-
portion that they saw fit, but reserving
10 the Commissioners the right to reject
the awards, if the benefits were not 50
per cent of the damages. Under this act
the jury returned an award Of damages of
S729. 1929 and an assessment of benefs
! of s10S 034.75, in the proportion Of about
to l.
In the meantime the decision of the Su-
preme Court OF the District on the orlgi-
nal law was acted upon by the Supreme
Court OF the United States and reversed.
in effect saying that Congress had author
ity to limit the proportion of damages TO
benefits in the manner prescribed.
Commissioners Seek Advice.
The Commissioners last summer sought
the advice of their Attorney to aid them
in unraveling the tangle into which the
matter had now fallen. In an opinion
| upon the subject he advised the Commits
sioners t1at under the law a refusal to
| accept the awards of the jury Of condem-
nation would preclude the possibility OF
having another jury. and the case would
| have TO begin again de novo. In this
| dilemma the Commissioners simply de-
oil act At oil 1aag inc a a for
| open for the consideration and action
| OF Congress.
This failure to take action of any kind
| keeping the findings Of the jury intact, is
now complimented by the chairman OF
the House Committee on the District OF
| Columbia.
| The outcome Of the conference yester-
! day was that Mr. Babcock now fully un,
/ derstands the situation and will inaugu-
! rate such action in the House of Repre-
! sentatives as shall facilitate the opening
OF Sixteenth Street.