Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-08-10
Courts Action in Condemna-.
ton Proceedings.
UNION STATION SITE
DAMAGE TO PROPERTY THROUGH
CHANGE IN GRADES.
Petition on Which Court Previously
Acted Not Signed by All the
Commissioners.

Justice Barnard OF the District Supreme
Court today set aside his former order.
passed August Z. appointing Charles A
Baker, George w. Moss and John II. Wal
ter as a commission to assess the damages
accruing to property holders from tho
change of grade Of the streets avenues and
alleys adjacent - the site OF the new
union station. The action vas taken be-
cause of the doubt in the mind OF - court
as to its jurisdiction to act upon the pei.
ton filed by the Commissioners OF the Dis
trict of Columbia and signed only by Com
missioner mcfarland and by Acting Com
missioner Morrow, the court being of opin-
Ion that the signatures OF all three District
Commissioners were necessary to the petit.
ton to give the court authority to proceed
to name the three persons who are to assess
the damages.
Without passing the question OF pre-
vious notice to the property holders In in
terest Justice Barnard intimated that II In
fair to all concerned that such notice be
given, and he directs that the ex parte or
der of August be set aside and an early
date fixed for public hearing Of all par
ties who may have any interest in the SUBJ
ject matter before making the appointment
OF commission.
Special Counsel for the District A. LETT
wich Sinclair advised Justice Barnard that
as soon as practicable a petition will b6
prepared and signed by all three Of tho
District Commissioners. Some delay will
occur in the fling of the petition the at
torney suggested. because of the absence Of
some members of the Board OF Commits
sioners.
Justice Barnard's Opinion.
Justice Barnard filed a written opinion
in which he says
I'm this case petition is filed purporting
to be by the Commissioners of the District
OF Columbia, they being named in the body
thereof as Commissioners. and the petition
being signed. Henry B. F. Macfarland, j. J.
Morrow, acting Commissioners. D. c.; and
also by A. B. Duvall and A Leftwich Sin
clair, attorneys for the petitioners
In the beginning of the paper says, Your
petitioners, II. b F. mcfarland. II. L.
west and John Biddle, Commissioners Of
the District respectfully state etc.
The proceeding is one begun for the pur.
pose of having a commission appointed to
appraise the damages to adjacent property
resulting to changes in the grade of streets.
avenues or alleys, authorized by said act OF
Congress referred TO in the title.
The first section of the act provides that
said damages shall be appraised by COM
mission of three capable and disnterested
persons. TO be appointed by the Supreme
Court of the District Of Columbia holding a
district court for the said District upon
application in writing by the Commissioners
of the District of Columbia
Matter of Jurisdiction.
The petition by which this proceeding Ia
initiated is required to be in writing and IL,
Is required to be by the Commissioners Of
the District Of Columbia: and it may be a
very serious question. In the absence OF any
showing by the petition that the Engineer
Commissioner is absent from the District,
as to whether or not the court would have
jurisdiction In the premises.
The act says Upon application in writing
whether any two of the commissioners
could act In this matter, for 1t evidently liz
not duty to be performed by them sitting
as board. but duty devolving upon ali
or them, as trustees, selected by Congress
Tor the performance of a specific act The
question Is such a grave one that do not
deem 1t wise TO proceed with the matter
without calling it to the attention of coun-
sci, for this proceeding is Of such import
ance that IL ought not to be jeopardixed by
question which can be easily avoided"
1t is fair" the court concludes even IL
the law should warrant the appointment OF
a commission exparte, about which the au-f
thorities are conflicting, that public notice,
should be given the parties interested in
order that the court may ascertain the
qualifications and legal compete.ay ;1,.s rms;
men to be appointed