The Washington times., 1902-01-16
VERDICT MAY
Be ACCEPTED.
commissioners to Take Up
Street Opening.
LEGAL DIFFICULTIES WIPED OUT.
Court VIII appoint Date for Hear
ing of observation-disclosures
Grafton for the Past Four Nears
viii soon BE accomplished.


tsrday informed by MIR. Charles Moore
clerk of the Senate District Committee,
that, in compliance with their request in
regard to the opening of Sixteenth Street,
the committee on Friday, January 10,
agreed 10 advise tne Commissioners to ac-
cept the awards of the jury of condemna-
lien.
This will enable the Board OF Commits
sionerS TO take up the matter where it
was left last spring, and to ask the court
to confirm the awards under the law. The
court Will then appoint hearing for
objections, and at an early day, unless
unexpected delays arise, the opening Of
Sixteenth Street. which has been under
consideration for about four years, will
be an accomplished fact
Act First Approved.
The proposed extension OF Sixteenth
Street, from Morris Street to the Dis
trict line, was first authorized in the act
OF Congress approved March 3. 1899, en-
titled an act to extend S Street.
This act was amended by an act ap-
proved January so, 1900, entitled an act
relative to the widening and extension Of
Sixteenth Street in the District of Co.
lumhia. The act was again amended by
an act approved June G. 1890, and en-
titled an act for the extension of Co
iumbia Read east of Thirteenth Street.
In conformity with the above act aud
its amendments there was flied in the
o1ifce OF the Surveyor, District of Column
hia, ca August I. 1900, map of the dona-
tlon of Sixteenth street through certain
tracts, the land SO donated amounting TO
about fifty acres, Or more than 70 per
cent OF the lands north OF Piney Branch
road, as included within the lines of Six
teenth street. The tracts in which this
donation was made were. as reported by
the jury, as follows:
Bi2gdeC's subdivision, Shepherds subdi-
vision. the Saul tract, the Johnson tract.
land OF Cameron heirs, land of Clark and
others, the Van RisWick tract and the
Lee tract.
Jury Renders Report.
The jury began its labors on Decem-
Der T. 1900, and rendered its verdict on
May q, 1901. The amount of parcel,
condemned we're about 225. the number
of houses, sheds, etc, about 80. and the
number OF parcels assessed amounted to
about 200
The total amount of damages was $729,-
1929. and the total amount of assess
ments was sl0S, ,S5i.75.
The length of street condemned through
subdivided land was about 5,i00 lineal
feet, or a little over one mile. and the
amount condemned through unsubdividcd
land was $500 lineal feet, or about one
and one-.hrd miles.
The length OF street previously do
mated was about 1850 iipeal feet, or
about two and onen2if miles. Out OF the
total amount of condemnation, about one
fifth was allowed for damage TO houses.
the remainder being damage for taking of
land and for change OF grade.
The total length of the street to be
opened from Morris Street to tine Dis
trict line measures about five miles. and
will cost, according to estimates of the
Engineer Department fully $500 600.
After the filing OF the verdict it was at
first desired by the Commissioners to set
aside the awards and have Il new jury
appointed. on the ground that the pro-
portion of the benefits to the assessment
for damages was not so per cent.
Many Obstacles Ahead.
It was considered, however. that there
were legal difficulties in the way of
such action, and that such move by
lilt CULlIiiS5loutIo IiDt OHly ItSuIs
in annulling the verdict, but that il would
render invalid the donation of land and
would make it improbable whether
new jury had the right to act on the
case. Under the circumstances no Off
cial action has been taken by the Com
missioners. the verdict being allowed to
remain in court until Congress might
see fit to designate what action should
be taken.
1t has been held that on account o.
certain wording in the original act, as
well as it's amendments, the Commits
siolers would be at FAULT in accepting
a verdict where the assessments bore
such small proportion to the amount OF
damages allowed. In nearly all ~ther
cases of street extensions the assessment
has been very close to cne-half the dam
ages, exceeding in some cases and falling
below in others. In one ease, that OF
Fifth Street extended. the assessments
we're equal to the damages.