Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-28
Courts Order Regarding Con-
domination Proceedings.
ADOPTION OF RULES
CARRYING INTO EFFECT THE ACT
OF CONGRESS.
Property Owners Of Record to Be
Served With Copy Of Instrument
of Appropriation.

Epon consideration of a petition of the
Baltimore and Ohio Railroad Company, the
Philadelphia. Baltimore and Washington
Railroad Company and the Washington
Terminal Company for the adoption of nee
essary rules, forms and the like for carry
ing into force and effect the act of Congress
to provide for a union railroad station the
Supreme Court of the District, sitting in
general term this afternoon ordered:
That any and all proceedings for the
condemnation of lands and property in the
District of Columbia under an act of Con-
gress entitled AN act to provide Tor a
union railroad station in the District OF
Columbia and for other purposes approved
February %. 1903. shall be in the Supreme
Court of the District of Columbia, holding
district court of the United States, and
shall be begun by the filing of an instru-
ment of appropriation, the form of the
Introductory part thereon 10 De IN SUI
stance follows:
"In the Supreme Court of the District
of Columbia, holding a district court OF
the United States.
Notice of Appropriation.
in the matter of the condemnation by
the company CT. the following property IN
the District of Columbia, to wit:
THAT the owners of record of the prop
erty described, the tenants or occupants
thereof, the trustees In any deed or trust
thereon, and the holders OF any lien OF
record. shall be served with a copy of said
instrument of appropriation by the COM
pany, through the marshal of the District
of Columbia, or his deputy, and an imme-
date return made by that officer to the
court. and where any of such owners. ten
ants or occupants trustees, or holders or
recorded liens shall reside outside of the
District of Columbia the service of copy OF
the instrument of appropriation shall be
made personally by the company, evidenced
by affidavit of such service filed with this
court. or by mailing such copy to the last
known address of such nonresident, by
United States registered mail, and the filing
In this court of an affidavit or other suf-
hcient proof of such mailing.
Other Provisions.
Where any of such owners, tenants or
occupants, holders of such recorded
liens, are infants or insane, a COPY of the
instrument of appropriation shall be made,
as herein directed, on the regularly consti-
tuted guardian of said infant, or trustee or
committee of said insane person. or parent
II there should be no guardian trustee or
committee, and in the case where there is
no guardian, trustee or committee or par
ent. 1T shall be the duty Of the company
demnation to apply to this court for the
appointment of guardian. trustee or COM
mittee, who SHALL when appointed be
served as above provided.
Where the owner, or his guardian or
committee, In case such owner is incapable
of contracting, be unknown, publica ton
shall be made according to section 653 of
the Revised Statutes of the United States
relating to the District of Columbia as re-
enacted by act of February %, 1903 and in
all cases, in addition to the notice provided
in the foregoing rule or rules, copy of
the instrument of appropriation shall be
attached to the premises and in the case
of vacant land affixed upon the land by
the company filing the instrument of APP
preparation.
Oath Required
THAT the oath or affirmation to be ad-
ministered to the appraisers to be appointed
by the court in any such proceeding shall
be In substance as follows:
You do solemnly swear that you are
resident Of the District of Columbia. a free
holder therein. and that you are not related
in any way to the parties who are interest
ed In the land proposed to be condemned in
this proceeding, and you have no interest
whatever in the same; and that you will,
without favor or Partially, to the best of
your judgment. skill and ability, consider
and assess the injury and damages which
each owner of land may sustain by reason
of the property to be taken by the corpora
ton. or the injury to be done thereto by
this proceeding, and to return such assess
ment forthwith to the clerk of this court I"
Bids for Tunnels Invited.
A dispatch from Philadelphia states that
yesterday Chief Engineer Brown of the
Pennsylvania railroad invited bids for the
construction of the tunnel for two tracks
from 7th and Virginia avenue southwest to
Virginia avenue and I'd street southeast,
for twin tunnel for two trains on the new
line from the corner of D street and New
Jersey avenue southeast through private
property to the west side of Massachusetts,
avenue northeast and for a new two track
line from the intersection Of New York and
Montana avenues, near what Is now Mon
tello station on the Baltimore and Ohio
railroad. to point near Magruder station
on the Pennsylvania road This line will
be five miles in length.
This is the first step toward conforming
with the act of Congress, requiring the
abolition of grade crossings and the estab-
ltshment of a union station, the dispatch
states, and will involve an expenditure of
$40, COO, 600