Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-06-18
GRANTED A HEARING
Property Owners Interested in the
Sixteenth StreetsAward.
OPPOSITION TO ITS REJECTION
Effects Of the Order Setting Aside
Workoof Appraisers.
N AMES OF PETITIONERS

N A MES OF PETIT NERS
|. The District Commissioners granted
nearing this morning at IL o'clock to the
committee of lawyers representing all the
attorneys interested in behalf of the. prop
erty owners along the route of 10th street
extended who desired to urge that the Conn.,
missioners should not at this time pass an
order rejecting the verdict of the jury re-
Gently rendered in the condemnation FRO
ceedings. At board session some time
ago the Commissioners voted to reject the
verdict of the jury under the provision of
the law. which stated that if the benefits
assessed were not equal to one-nalf the
amount of damages allowed, the Commits
sloners, In their discretion. might set them
aside and all the proceedings would be rem
dered null and void. The order of the
BOARD has not been promulgated, and the
OBJECT OF the attorneys who appeared be-
lore the Commissioners today was to pre-
sent some considerations why they think
the rejection should not be made at this
Tune, ana to make some suggestions re-
gard1ng several courses which might be fol-
the law.
1t was urged that If the Commissioners
should set aside the verdict their action
would nullify the law and no further pro-
ceedangs could be taken without further
legislation by Congress. If. however. the
commissioners should refer the matter ok
10 the courts 1t was stated that the tri-
bunal. If it accorded with their views, might
set aside portion or a whole of the YER
dict and order new jury. The Commits
sioners' power in the premises is final, and
when their action Is adverse the whole pro-
ceedlng Is swept away. 1t was suggested
that the Commissioners follow this course
no tfn~ noly 70 thn ,,rfo
and then, II the award OF the second jury
should not meet their views. they still had
the power of discretion vested in them. AS
another proposition. it was stated that the
commissioners, If they felt Congress would
be displeased with the small amount Of
benefits assessed and the large amount of
damages allowed. should wait until Con-
gress convenes and place the matter
square1y before the prominent members of
that body.
PrOvisfOns of Award.
The award of the jury in the 18th street
condemnation proceedings it will be re-
membered. was but about s10S,OOO in bene-
fits assessed. while the damages allowed
amounted to more than $730O00. The spirit
OF the law being that the benefits should
equal one-half the damages was so at var-
ance with this verdict that the Commits
set aside the award. At the conclusion of
the hearing this morning Mr.. Mcfarland,
as president of the Board Of Commissioners,
stated that they would take all that had
been said under consideration before finally
disposng of the matter. and thanked the
attorneys for their counsel.
The committee of lawyers representing
the main body of those interested in the
proceedings consisted of former Justice c.
c. Cole of the Supreme Court of the Dis
trict of Columbia. Mr.. B. F.. Leighton and
Mr.. Chaplin Brown. All three. addressed
the Commissioners Former Senator John
10 f,rn
resentative property holder. was also
heard Others who were present and in
terested in the case, but who took no part
in the proceedings, were Messrs. Wilton ].
Lambert. Louis P. Shoemaker, c. c. Lam
caster, c. s. Bundy. John Ridout. r. Col
den Donaldson and A. F. Pardon
Mr.. Andrew Duvall, attorney for the Dis
trict of Columbia, was also present. an in
terested listener to all that was said
Arguments by Former Judge Cole.
Former Judge C. C. Cole was the first
speaker. He stated the object of the hear
ing. He said he understood the Commits
sioners. in voting to set aside the award of
the jury, were under the impression that
new proceedings of condemnation could be
instituted under the old acts. This he
said could not be done, and was one of the
reasons why the attorneys thought any ac-
ton by the Commissioners at this time
would be ill-advised. He said the Commits
sioners were basing their action upon the
act of March }, 1899, many of the provis-
ions of which had been repealed by infer
same ground and making different arrange
ments. Judge Cole said that the act of
January &c. 1900, altered the first act in
that it authorized the commencement of
proceedings when IS per cent of the land
had been dedicated. instead of the whole.
The later act. he said also extended the
limits within which benefits might be as
SeSSed.
TIa oct ~ lima g 1QOO relating To tho
widening Of 18th street and the extension
OF Columbia road. Judge Cole said. would
not seem at first to apply to 18th street in
any way, and yet, in its twelfth section
it was provided that certain other sections
of the same act should be applicable to
the 10th street extension. One of the sec
lions applying to 18th street was to the
effect that benefits should be assessed on
it to the amount the property was bene-
fited thus doing away with the so per
cent provision. The Commissioners, under
that section, might assess / per cent bene-
fits or 100 per cent benefits.
Intention of Congress.
Judge Cole said there was nothing in the
act to show that Congress intended that
the Commissioners would be able after set
ting aside the award of the jury, to insti-
tute proceedings anew under the same act.
There was, however, a section providing
that the court might set aside certain por-
lions of the verdict all Of it, and ap-
point a new jury to report in the case.
The language Of the act is broad. and
says that If the Commissioners shall set
aside and reject the assessments and
awards, all procee dings under the act shall
be null and void.
eff you. gentlemen. reject the award"
continued Judge Cole. mo further proceed
fngs can be had without special legislation
by Congress-, and everything Is absolutely
stopped. If you act now, you take away
the power Of the court and your action
I'M,
speaks again. There is also danger that If
you reject the award you will also annul
the DELEGATIONS Of property which have
been made! You have got the necessary IS
me that the course of wisdom would be to
hold on to, It. You would get some Of it
again perhaps. but the chances are that
you would never get 1t all again from what