Evening star., 1905-10-23
TO CONDEMN GROUND
FOR PLAZA SITE
OTHER PRoCEERINGs.

In Connection with the proceedings pending
! in the Supreme Court of the District of
| Columbia for the condemnation of lots 14S
49, 1885, 199, 200 201, 202, 2O3 and 204, in
square 721 for a plaza, or circle, and new
streets, Justice Gould today rendered his
decision on the requests for instructions to
the appraisers made by special counsel for
the District A. Leftwich Sinclair in behalf
of the District Commissioners, the petition
ers in the proceeding, and by Attorneys
Julius l. Peyser, r. Golden Donaldson, +.
G. Coldren and T. P. Myers, representing
the owners of the ground to be appropriat-
ed Argument was heard by Justice Gould
in the matter last week.
The instructions granted by the court
will be given to the appraisers-Wiliam
A II. Church, Thomas w. Smith and Sam
uel Bensinger-Wednesd afternoon
next at 2 o'clock, when they will meet to
begin the hearing of evidence as to the
value of the land to be taken.
Justice Gould today heard arguments
by Attorney Sinclair and Attorney r.
Ross Perry, representing the District and
the property owners concerned, respect
lively, in the matter of the condemnation
of land for the joining of kalorama ave-
nue. between Columbia road and 10th
street. regarding the instructions to be
given by the court to the condemnation
Jury for their guidance in the assessment
of damages and benefits.
At the close of the arguments Justice
Gould announced his opinion as to the law
orally instructed the jury in the matter.
After receiving the instructions of the
court the jury met at the city hall and COM
| menced the hearing Of evidence In the pres
ence Of Special Counsel for the District
Sinclair and Attorneys r. Ross Perry, Geo.
c. Hazelton. Mason N. Richardson, John
c. Head. John Ridout and Charles H. Mer-
illat, who appear for the owners Sc OF the land
to be condemned or which will likely be as
sessed for benefits. The jury Is composed
of Frederick L. Moore. foreman; Clement
w. Howard. Philip F. Larner, John S.
Swormstedt. Percy S. Foster. secretary;
William NJ Somerville and John J. Bar
nard.
Refuses Instruction.
In the Place case Justice Gould refused
an instruction asked by the District Com
missioners The court was asked to direct
the jury that they should exclude from con-
sideration the fact that a demand had been
created for the property now sought to
be condemned by reason of its proximity TO
the Union station and terminals. Ihe
property in respect of which the instruction
was asked was not included in the original
plan on file in the Engineer Commissioners
oce at the time the act authorizing the con-
demnation of the land for the Union sta
ton and terminals was passed, but the
Commissioners were authorized by the act
to take in such additional property for the
plaza as they should deem advisable.
This additional property is the land now
involved in these proceedings. The ques-
ton was stated by Justice Gould to be a
novel one. In disposing of the question the
court stated that the property was pur-
chased by the present owners prior to the
passage. of the act providing for the con-
demnatfon and that the owners are entitled
to its present market value; that if the D.s-
trict Commissioners should not take the
property under the condemnation proceed
ings the owners could reap the benefit OF
its location from any purchasers to whom
1t might be sold.