Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-03-31
LARGE SUN INVOLVED
Hearing lin Matter Of Ex-
tending 10th Street.
ATTORNEYS PRESENT
APPROVING AWARD REGARDLESS
OF EXCEPTIONS.
Owners of Vast Area of Valuable Prop
erty Representative Issue
Presented.

Justice Hagner of the Supreme Court of
the District of Columbia today granted a
hearing for the purpose of considering the
exceptions that have been filed to the award
of the jury of appraisers in the matter of
the proposed extension of 10th street to the
District line, and the motion that the award
be approved, Notwithstanding the excep-
tons. More than the ordinary interest
seems to be manifested in the proceedings
and an unusually large number of attor-
neys were in attendance at the hearing. The
general interest arises, it is said, by rea-
son of the vast area of valuable property
involved, the number of prominent parties
concerned and the long struggle which has
been made by citizens and associations to
secure the actual extension of the street
All this eliminated in the unusual act al
lowing the District Commissioners. with
out regard to the court, to veto the jury's
award If not satisfactory to them as re-
CARDS the assessment of a certain ratio
of benefits thereby, it is said, multiplying
the entire act.
Authority Conferred.
The act authorized the jury to assess
benefits upon adjoining property, other
than that through which land was donated
for the street, at their discretion and in
the event of the award not being confirmed
by the court a new jury could be i'm
panelled. 1t was provided, however. that
should the assessments for benefits not
equal one-half of the damages awarded
the District Commissioners might, in their
discretion, set aside the findings of the
jury. In such event, though no provision
was made for new jury, it has been
contended that action on the part of the
Commissioners setting aside the award
would entirely defeat the act. Several
he ~ ;,I,x
of prominent business men, rendered YER
dict assessing about one-seventh of the
damages in benefits, and upon the matter
being presented at a board meeting a few
days afterward, it was announced that
the District Commissioners had decided
to set aside the verdict because of the al
legged disproportion between the damages
and benefits. Protests were made by citi-
zenS' associations and attorneys who had
worked to Secure the passage of the act
A hearing was given by the Commissioners
to committee of attorneys consisting of
c. c. Cole, Benjamin F. Leighton, Chaplin
Brown and Wilton J. Lambert representing
certain of the property owners. 1t was
pointed out by the committee that if the
Commissioners acted along the line indi-
Gated, the work of years would be wasted
and the act9 which had been secured after
so much labor would be nullified. 1t was
finally agreed between the attorneys rep
resenting the property owners and the
Commissioners that all parties desiring to
do so should file exceptions to the award,
and that no action should be taken toward
confirmation of the jury's verdict until
Congress should have had a chance to
meet and act In some way upon the ques-
ton. This was done and early during the
session the Commissioners presented the
matter befeEee Jshex proper committees of
Congress. The Senate committee on the
District of Columbia authorized the ap-
prevail of the award, but no instruction
was forthcoming from the committee of
the House Thereupon the Commissioners
and the attorneys for the property own
ers decided that the matter should be pre-
sented to the court upon the exceptions
and a ruling upon the verdict obtained
thus placing the District in the rather
novel position of excepting to the award
in such cases. as it has been the general
custom for all exceptions to come from
property owners.
Statements of Counsel.
Attorney c. C. Cole opened the proceed
ings today with short statement as to the
general conditions the lines indicated.
He was followed by Attorney A H. O'Con-
nor, representing the District Commission
ers, who urged the approval of the excep-
tons filed by them, and the setting aside
of the verdict and the impa nelling of a
new jury to pass upon the question. Attor-
ney Wilton ], Lambert addressed the court
upon the exceptions filed by him on behalf
of certain property interests in the county.
He expressed entire satisfaction with the
personnel or the jury, stating that it was
an exceedingly representative body of men.
and 1t was preferred to accept the award
than that the. entire verdict should be set
aside. 1t was commended, however that it
was within the scope of the act for the
court to set aside such portions of the
award as might seem improper. for it was
declared in one or two instances the assess
ment of benefits had been excessive
The Amount Involved.
Attorney r. Golden Donald son argued that
the court should not disturb the award
unless for error appearing on the surface.
and error was to be found It was
pointed out that the Commissioners had es-
timated that 81, 100000 would be required to
pay for the opening of the street. The Jury
had fixed the amount at $129, $50 %. and
there had been assessed as benefits all that
the witnesses introduced by the Commits
sioners had recommended as proper Attor-
ney Chaplin Brown took the stand that as
the jury had been in session for four
months and heard all the. evidence If was
the best judge Of what was a correct find
ing.
At the afternoon session of the court
among those who made arguments were
Attorneys C. C. Cole, VIM. A. Gordon Alex-
ander Bell B. F.. Leighton, Donald McPher-
son and John Ridout, representing property
owners, and Attorney A. b. Duvall. who
closed for the District Commissioners.
Knockers Club Meets.