Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-04-02
IT WILL Be APPROVED
Verdict in 10th Street Exten-
sion Award
WITHIN A FEW DAYS
COMMISSIONERS ANXIOUS TO
DISPOSE OF MATTER.
Litigation Has Extended Over Nearly
a Decade--Property Owners Elated
Over the Victory.
WITHIN A FEW DAYS

The District Commissioners have been in
formally notified by Mr.. A. B. Duvall, the
attorney for the District, that the court
has overruled all objections to the award
Of the jury of condemnation in the case of
10th street extension and has finally con-
firmed the award. Commissioner Macfar-
land, president of the District board, said
IN regard to the matter that the Commits
sioners had not considered the action of
the court officially, but he expected the YER
dict to be approved within the next two or
three days. The Commissioners are anxious
to dispose Of the matter now that they have
consulted with the District committees in
Congress and find there is no pointed OBJ
lection to their approval.
After hearing arguments for two days on
the part of the property owners as we'll as
the District, Justice Hagner late yesterday
as printed briefly in The Star, granted the
motion of the property owners to confirm
the award of the jury in the matter of the
extension of 18th street. AS stated by the
District attorney, this is the largest street
extension ever undertaken in the District
of Columbia.
The property of 232 owners was taken for
the street and the jury awarded damages
10 the owners to the amount of s729, 1872. %
and assessed as benefits against the remain
ing property the sum of $16S, ,S34. rs.
Exceptions of Commissioners.
Because the amount assessed as benefits
was so much less than the amount award
ed as damages, the Commissioners of the
District filed exceptions to the verdict of
the jury and asked the court to set aside
the verdict as a whole and impanel a new
jury. Exceptions wereealso filed in behalf
OF some of the property owners.
ABOUT ten days ago Attorneys C. c.
Cole X. Golden Donaldson. Benjamin F.
leighton, John Ridout and Chaplin Brown,
representing various owners filed motion
to confirm the verdict and award of the
jury Notwithstanding the Districts excep-
tions. Upon consideration of this motion
the court set the exceptions down for hear
ing March 2S and subsequently, POSTPONED
the hearing until April 81.
The arguments on both sides lasted two
days at the close of which Justice Hagner
said that the exceptions filed in this case
were not different from those filed in many
OF tne other condemnation cases which he
mad previously disposed of, and that in his
judgment, there was no reason why the
court should disturb the verdict of the Jury
IN this case. He accordingly overruled the
exceptions filed by the various lot owners
as we'll as those filed by the District of
Columbia. and stated that he would sign
an order confirming the verdict and award
Of the jury.
In Litigation for Years.
The counsel interested In this case are
generally very much gratified over the ac-
ton of the court in confirming the verdict
Of the jury. Ever since the passage of The
highway act, in 1893, legislation and liti-
cation over the extension Of this street have
Deen constantly going on and cases grow
ing out OF the extension have twice been
carried to the Supreme Court of the United
States.
The present proceeding was instituted in
September, 1899 and a jury consisting of
Albert A. Wilson, George W. Moss, John
A. Hamilton, John S. Larcombe E. Fran
els Riggs, Frederick l.. Moore and Jesse
B. Wilson as impaneled.
This jury sat for about four months hear
ing the testimony of the property owners
and the District in relation to the values
of the property and the assessment of
benefits and on the 10Th of May, 1901, filed
its verdict, which has now been confirmed
Opened to the Public Soon.
The action Of the court in confirming the
award of the jury thus practically puts an
end to the litigation which has been going on
since before the passage of the highway
act, in 1898, and will enable the owners of
property along the line of the extension to
handle their property, over which there has
SO long been a cloud; and within a short
time, 1t is hoped, one of the most magnifi-
cent of highways will be opened up to the
public
Attorney R. Golden Donaldson, who has
been actively interested in the matter, said
today that he had every reason to believe
that the District Commissioners would ac-
cept the action of the court and acquiesce