Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-21
OBJECT Of HOUSE Bill.
Proposed Revocation Of Rhode
Island Avenue Assessments.
EXTENSION BENEFITS
PRoVIsIoN FOR WRITTEN PETI-
from IN EACH APPEAL CASE.
item Tor, Improvemcnt sf Section Do
scribed, Now Before congrssa, Pre-
ferred TO New Legislation.
EXTENSION BENEFITS

The Commissioners have transmitted
lengthy report to Chairman Babceck OF the
House district committee. as stated In Inc
Star Of yesterday. on House bin f7zss, In
regard to assessments on extension OF
Rhode Island avenue" The bill refers 70
the extension Of Rhode Island avenue De-
tween Florida avenue ard lie Drodt ave-
nue.. a distance of two blocks which was
made by authority of an act of Congress
approved February 10, 1889. The purpose OF
the bill is in effect to revoke all assess
ments for benefits made under the provi-
sions of that law and to provide for-new as
sessments to be made by the board Of equal
fxation and review of the District OF Co
lumbia.
The act under which the avenue was ex-
tended provided that one-half Of the
amounts awarded by the jury as damages
should be assessed as benefits on property
within prescribed area, and 1t is the In
tention of the present bill that this assess
ment shall be nullif1ed and new assessments
levied $50 that such assessments shall not
exceed such actual benefits. The Dill pro-
yides that each case Of appeal from TIE
assessments levied shall be begun by writ
ten petition to be flied in the Supreme CONT
Of the District Of Columbia by any person
interested. and when 80 filed the court 1s
directed to refer the petition to the board OF
equalization and review: this board is d.
rected to hear evidence and revise, eQualize,
fix and adjust the assessments and to trans
nit Its report first to the Commissioners OF
the District of Columbia for approval and
then to said Supreme Court for eonf1rma-
ton.
Act Of February, 1899.
The act Of February 10. $780," say the
Commissioners. providing Tor tbs exten-
sion Of the avenue. was not referred to the
Commissioners for report in the shape in
which 1t was passed. A bin. II. 3. l02BS
FYfty-ffth Congress. second session. which
provided for the condemnation Of the land
under the Revised Statutes Of the United
States relating to the District Of Columbia,
but net providing Tor any assessments Tor
benefits except as such benefits might be
deducted from the damages awarded under
the provisions OF said statutes. was referred
to the Commissioners and received a favor
able report from them on June I, 1893. The
property owners In that vicinity were very
DESTROYS Of having the avenue opened, as 10
shown by communications from them to the
Commissioners. Among others 10 one from
Mr.. Thomas g. Hensey.
THE act OF February 10. 1899, stated that
the condemnation proceedings should be
Statutes OF the United States relating to the
District Of Columbia; that the amount OF
judgment and awards should be paid entire
" from the revenues Of the District Of Co
found due and awarded as damages should
be assessed by jury provided Tor In the
law. against those pieces or parcels OF
ground situate and lying on each side OF
Florida avenue, Maple avenue. Linden
street and LIE Droat avenue, and also those
contained In squares IS and - and the
south half Of square 20in the recorded addd-
tained In blocks 1 and 2 and the northwest
corner OF block in the subdivision known
and designated as BloomingdaIe; and also
against SO much Of that tract OF land
known and designated as the David Moore
tract as lies west OF North Capitol street
This limiting OF the area Of assessment
was probably due to previous dedications
Of land by the owners OF property with
drawn from assessment. A blue print Is
appended showing the area as assessed.
When the Award Was Made.
"The award Of the jury was made Decem-
ber /. 1885, and confirmed by the court jan
uary q. 1900. The damages awarded
amounted to $96617, and the benefits as
sessed amounted to $4s308.5O. being one
half of the amount of the damages. Ex
ceptions were fled on the part OF property
owners to the finding OF the jury, which ex-
ceptions were, however, oyerruled by the
court. In the meantime the act was amend
ed by Congress SO as to provide that no
appeals from the decision Of the court con-
payment of awards this act was approved
March II. 1900
"a joint resolution III. J. Res t74) to
cancel the assessments was referred to the
Commissioners and they reported on the
same May Ii. 1902. as follows:
The assessments for benefits which 1t
is proposed by this resolution to cancel,
we're those made in connection with the
extension OF Rhode Island avenue. which
was condemned about three years ago and
the awards Of damages for which were
paid about two years ago. By the pro-
visions Of the law under which the avenue
was extended the assessments were re-
Quired to equal one-haif of the damages
Al awarded by the jury: the assessable ter
ritory was also limited in the act. The
award Of damages and assessment Of bene-
fits were made by jury OF citizens of
the District OF Columbia ard the Commits
sioners believe that both the award and
the assessment were just; they further
believe that the jury is a better judge
OF such matters than the Commissioners
themselves. II the Commissioners were
to recommend the cancellation OF the bene-
fit assessments in this case they could
hardly refuse to recommend 1t In the nu-
merous other cases where streets have been
extended and opened. and thus defeat the
intentions Of Congress as expressed in said
acts. The proceedings in all street extern
sion cases were carried on under the di-
rection Of the court and II any Injustice
was done in any particular case the party
had his right OF appeal the same as in
any other judicial proceeding. Further
great many of the assessments In this
particular case have been paid and to can
Gel the unpaid ones would be unjust to
those who have paid their assessments.
The Commissioners would strongly urge
that the resolution receive an adverse re-
port
- Damages and Assessments.
a map Is appended by the Commission
oes showing the land which was ta3pen auA