Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-16
Schneider Tract of $1,000
Square Feet Of Ground.
ENTERED OF RECORD
ADDITION TO GROUNDS OF THE
GARFIELD HOSPITAL.
Matter of Assessments Against the
Property Disposed of-Opinion
by Attorney Duvall.

The District Commissioners today con-
cluded the transaction for the purchase OF
~ oOO square feet of the Schneider tract
adjoining the grounds of the Garfield Me-
mortal Hospital as an addition to the hos
initial grounds, by approving a statement
from Mr.. H. II. Darneille, the assessor, to
the effect that entry has been made on the
records of his office showing that the prop
erty in question has passed into the pos
session of the District of Columbia, ana
exernpted from taxation. A tax bill Tor
that norton of the tax for 1903 accruing
prior to the date of the transfer has been
rendered TO the auditor, with whom money
was deposited by the Schneider heirs to
cover the taxes in question.
The purchase of the property was finally
contaminated on the basis proposed by the
Commissioners; that the District should
assume liability for the special assessments
pending against only that portion covered
nv the purchase The attorney for the
Schneider heirs contended that the IAN
guage of the appropriating clause In the
sundry civil bill provided that the District
should cancel the assessments against the
entire Schneider tract. 1t was contended
that this was one of the considerations
leading to the agreement to sell the portion
desired by the hospital authorities for SoO,-
600 The Commissioners held otherwise
and were finally supported in their conten-
ton by an opinion from the corporation
counsel Mr.. A b. Duvall.
At hearing granted by the Commission
ers to the representatives OF the schneider
heirs and the hospital authorities, the latter
urged that the Commissioners should pur-
chase the property in the name of the hos
pital. The Commissioners decided they
could not do under the circumstances
The hospital authorities declared that while
they did not wish to endanger the purchase,
vet the property would be of no value to
them unless 1t was taken in the name OF
the hospital. The Commissioners suggested
that the whole matter might be referred
back to Congress. This proposition was
not viewed with favor. 1t is assumed that
the matter will be taken up at the next SEES
sion of Congress looking to the granting of
authority to the Commissioners to transfer
title to the hospital trustees.
Provision Made for Purchase.
The provision for the purchase was con-
tanned In the sundry civil BILL approved
June IS. 1902 as follows:
For the purchase of land belonging 10
the heirs of II. NJ. Schneider, adjoining the
present Garfield Memorial Hospital land on
the west from the Boundary street back to
Clifton street, in Washington. District OF
Columbia. containing about $1,000 square
feet. $4,000. to be expended under the d.
rection of the Commissioners of the District
of Columbia, one-half of which sum shall
be paid from the revenues Of the District
of Columbia and the other half from ths
treasury of the United States: Provided,
That the land shall be graded by present
owners to elevation satisfactory to the
trustees of the above hospital. And pro-
vided further. That the District of Column
bia shall assume all special assessments
pending against said lands of the heirs of
NJ. II. Schneider"
1t appears that the heirs of H. NJ
Schneider owned the tract Of land about
SO feet in depth. and the above provision
authorized the purchase of the south 800
feet of the tract. strip of land along the
entire western side of the tract has been
condemned for the extension of 18th street
and the jury of condemnation assessed
$4,000 as benefits against the remainder
OF the tract. This assessment has not been
confirmed. but is still pending in the courts.
The entire tract has also been assessed $500
for benefits for the extension of Sherman
avenue. and this assessment which has
been finally confirmed, was unpaid at the
time OF the purchase of the property by the
District.
Cancellation Of Assessments
1T Is claimed In behalf of the Schneider
heirs" said Mr. Duvall. the corporation
counsel. In his opinion to the Commission
ers. that In making the authorized pur-
chase the entire amount of both of these
assessments must be Cancelled. I am I'M
able to agree with this contention for the
following reasons: First. the act does not
in terms provide for the cancellation of the
entire assessments. If that had been the
intention of Congress such intention couId
have been easily declared. Second so far
as appears from the act itself the heir of
Schneider owned only the land for which
the provision of purchase was made; the
act does not provide for the purchase of
bplnnpfnD 70 ha IL
etc
1T is true that in said last proviso that
the District shall assume all special assess
ments pending against lands of the heirs
OF NJ. H. Schneider the word lands ia
used instead of the word land as else
where In the act. but ii seems to me that
Questions or such large Importance as now
under consideration cannot be controlled
thereby. Third. IL is further claimed that
because these assessments are against the
whole tract they are indivisible and that
consequently the provision for the assump-
uon or all special assessments by the pur-
CHASER requires the assumption of the as
sessments against the whole tract
here. as l understand IL, We have an act
Oh congress authorizing the purchase of
certain land specified therein; that is 10
say. the Commissioners are authorized to
purchase certain land from its owners In
the ordinary case of the purchase and sale
OF land where the whole tract is charged
with and subject to an assessment for spe-
cial improvements. or such an assessment
is pending. and portion of the tract is
sold under an agreement whereby the pur-
CHASER IN terms assumes the pending as
sessment. In the absence of an express
agreement on his part to pay the entire as
sessment against the whole tract the pur-
chaser would not be required to assume the
entire assessment. but only such proper
uonate part of the entire assessment as
Is properly chargeable to the part of the
land purchased.
Claimed to Be Not Lien
1T Is claimed that the 18th street assess
ment is not a lien on the property until con-
firmed by the court; do not see how this
can make any difference. for 1t is a pend
ing assessment. as described by the act OF
Congress. l am of the opinion, therefore,
that the amount of each of the above men-
toned assessments for benefits to he 49,
sumed by the District of Columbia in the
purchase authorized by Congress is Al mat
ter that should be adjusted between the
commissioners and the vendors. as in the
case or a private purchase OF land"
me SAFE was contaminated on the prin-