Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-10-26
Comment Upon the Instrument in
Attorney Duvall's Report.
REFERENCE TO POTOMAC FLATS Case
Action of Highest Court on Street
Extension Enactments.
REVIEW OF YEARS WORK


| Duvall, the attorney for the District Of CO.
lumbia, referred to the new code, the Poto-
mac flats case and the effect of the Su:
preme Court decision upon the matter of
street extension, with interesting COM
| ments.
THE code of law for the District" he
said was finally enacted by Congress
March 3, 1901, to go into effect and opera
ton from and after January 1, 1902. The
desirability of codifcation of our COM
pick system of law has been recognized
for many years, and several futile attempts
In that direction had been made. AS en-
acted, the code covers the general law. 1t
was prepared by Walter s. Cox, for many
years an honored justice of the Supreme
Court Of the District, whose legal attain
ments and intimate knowledge of the sub
1ect peculiarly fitted him for such task;
and 1t has received the intelligent and
painstaking revision of our entire local
bench and committees of leading members
OF our bar. While imperfectionS may be
round in the code, and experience may
demonstrate that some of its provisions re-
qutre amendment, nevertheless, it will I'M
doubtedly prove Of incalculable benefit to
this community. The code, it must be re-
membered. does not profess to embrace the
entire body of existing law; there yet re-
mains to be systematized the bulk of the
law relating more particularly to the detail
OF municipal matters.
The Potomac Flats.
Proceedings on behalf of the United
States have been resumed in the case of
Morris VS.. United States, relating to the
Potomac fats and the river front, and tes-
timony is being taken to ascertain the
amount of compensation to be allowed for
the wharves, warehouses and other struc-
lures erected and maintained by the occu-
ho yryn{nr fNnn mt
indications until this award has been made
the Commissioners will not be put in pos
session of the water front as to carry
into effect the act of Congress relative to
the control Of wharf property, etc. APP
proved March 8, 1899.
Street Extension Cases.
1.-THE very difficult and importan subject
Of street extension and special assessment
therefor has been finally settled, as above
indicated, by the adjudication Of the highest
court as to the constitutionality Of the law
of the proceedings. The several acts Of Con-
gress on the subject provide that these as
sessments when confirmed by the court
shall be a lien upon the land assessed, and
shall be payable in four equal annual in
stallments, with interest, at the rate of 4
per cent per annum. from the date of con-
firmation until paid The order confirming
the award of the jury in these cases Is SUBJ
ject to appeal within twenty days, and until
that time has expired the order is not SO
final as that 1t could be safely acted upon
by the Commissioners. In most Of the cases
appeals were taken and a very considerable
period of time elapsed before the final con-
firmation on appeal; the resulting condition
was, and still is, that the owner assessed
in these proceedings is practically unable to
escape the penalty of interest; he cannot
pay the assessment; the court is not author
lied to receive it. and the Commissioners
are unable at once to obtain and spread
upon their assessment books the assess
ments confirmed by the court. 1t is mani
fest that some relief should be provided,
and l have the honor to suggest that you
recommend that the provision respecting
the charge of interest in all the street ex-
tension condemnation cases be changed, SO
that interest will be chargeable only from
after the final confirmation of the awards;
and that there be refunded to parties who
have paid under written protest interest
these assessments for such period"
Final Judgments Rendered.
Mr. Duvall states that during the year
final judgments were rendered against the
District of Columbia to the amount of $685.
1914. go The most interesting Of these cases
was that Of ]. H. Rogers and John Ridout,
trustees, against the District of Columbia
This was an action filed May Z, 1892, for
$35, 600 damages for an alleged trespass by
the District In wrongfully taking possession
ODD streets northwest. he improvement
was made upon the assumption that the
land had been dedicated to the public in
the Kalorama Heights subdivision; the fact
was however, that said portion of Q street
was within the lines of the lone acre tract
belonging to George Bomford, which con-
stituted the family burying ground. This
lone acre tract was not sold by Bomford,
but was reserved in his deed to Lovett in
1916 The trustees who subdivided Kalora-
ma Heights held only the Lovett title; the
title to the one-acre tract, the family bury
ing ground, was not acquired by them
The Bomford heirs conveyed this tract to
the plaintiffs. Inasmuch as there was no
acquiescence in or adoption by the owners
Of the Bomford burial tract Of the Kalo-
ramo Heights subdivision and they did not
dedicate said tract to the public, the sole
question In the case was the compensation
that should be allowed them. This was adj
ingly entered for that amount February %,
1901, upon the condition that plaintiffs
should execute and deliver a deed convey
ing the land to the District Of Columbia
upon the payment of the judgment.
Work of Attorneys Office.
In regard to the work Of his Office Mr..
Duvall says:
During the year there were 352 written
opinions by the attorney at the request of
the Commissioners, and SO written commu-
nications to interested parties relative to
pending municipal matters and suits.
/ 1.-THE questions submitted for opinion by
the Commissioners embraced a great yarie-
ty Of subjects relating to municipal affairs;
including taxation and assessment, street
extensions, the occupation of public space
pending legislation, proposed regulations
and the construction OF acts OF Congress.
"Oral opinions have been rendered In nu-
merous cases submitted by various Dis
trict officials concerning matters Of cur
rent business arising IN the administration
Of their respective departments.
The numerous municipal contracts and
leases and bonds to secure performances of
the contracts have Been examined and GER
titled as to sufhcfencys of form, and about
100 tax deeds have been prepared"
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