Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-20

The Senate yesterday afternoon. on mo-
ton Of Senator Gallinger. passed. without
amendment. the House bill to provide for
payment OF damages on account OF changes
Of grade due to construction of the union
station In this city.
Three Appraisers.
The bill was drafted by the, Commission
ers and has their approval It provides
that damages to adjacent property RESULT
ing from changes in the grade of streets
avenues or alleys authorized by the act OF
Congress approved February %. 1908. re-
lating to the construction of q union rail-
road station. shall be borne by the District
of Columbia: and such damages shall be
appraised by commission. composed OF
three capable and disnterested persons. to
be appointed by the Supreme Court of the
District holding a district court of the
United States for the District. upon appli-
cation. in writing. by the Commissioners,
who shall make such application within
sixty days after the completion of the grad
ing of any street, avenue or alley.
The members of the commission shall be
sworn by the court for the faithful and i'm
partial performance of their duties. They
shall meet and view the property affected
mony in the matter of damages after CIV
/ ing thirty days public notice by advertise
| ment in three daily newspapers published In
this city Of the time and place OF m Getting
for that purpose.
Filing Claims for Damages.
The owner of any real property damaged
by the change of grade, shall have the
right within sixty days after the date
fixed for the meeting of the commission to
file a petition with the commission, which
shall be signed and sworn to, for an al
lowance of damages. and upon the failure
of any such owner to thus present his
claim, within that period. his said rights
shall cease.
All infants or other persons under legal
disability whose property has been affected
by such change of grade shall be cited by
the court to appear, and the court shall
appoint guardian ad Item for every such
person. whose duty 1t shall be to file the
petition in behalf of the person for whom
he is appointed guardian ad Item, within
sixty days from the date of his appoint
ment, and upon his failure SO to do the
right of such person to present a claim
for damages shall cease.
When the commission shall have made
an appraisement it shall be filed with the
court and true copy of 1t submitted TO
the Commissioners.
In Case of Dissatisfaction.
If any of the parties interested their
personal representatives or the guardians
ad Item who may be appointed for any
such parties who may be under legal dis
ability, or the Commissioners shall be dis
SallHeu with any VI INC SOiAA
mission, the court shall, on the motion OF
the party so dissatisfied, direct the United
States marshal to summon jury OF seven
disinteres<ed men, not related TO any per-
son in interest to meet and view the prop
erty alleged to have been damaged. giving
the parties interested at least SIX Gays
notice of the time and place of meeting.
The marshal shall summon a jury ana
administer an oath to them that they VIII,
without favor or Partially to any one. to
the best Of their judgment, appraise the
amount of damages to which each owner
of any property so affected by chanse Oh
prade may be entitled, and in every APP
praisement of damages the commission or
jury, as the case may be- shau take mo
consideration any benefits that may nave
accrued to any such property by reason OF
the location of the terminal station IN
proximity to the property alleged to nave
been damaged.
Action of Marshal's Jury.
The Jury. after having viewed the prop
erty alleged to have been damaged, heard
testimony offered by the parties interested
and appraised the damages. shall make out
a written verdict, to De signed by them' or
a majority of them, and attested py the
marshal, who shall return it to the court,
and a CODY of 1t to the Commissioners. Inc
verdict when confirmed by the court, shall
he final The verdict CT the jury may be
excepted to by any party interested OF by
the Commissioners and may be set aside oy
the court for good reasons, ana a new jury
directed to be summoned.
The members of the commission and the
Jurors summoned by the marshal under the
provisions OF this act shall receive for their
services, VIXEN actually employed So a day.
A sufficient sum 10 pay the compensation
and expenses of the commission and the
COMPENSATION of the jurors and the amount
of announcements or awards Of damages is
appropriated out of the revenues of the Dis
trict of Columbia and 80 per centum of 1t
shall be refunded to the District by the
United States.
The provisions of section five Of the act of
Congress for a union station and relative to
damages from changes in grade and all
parts of the act inconsistent with the pro-
visions of this law are repealed.