Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-10-28
LAND CONFEDERATION.
Report Of Jury Submitted as to Out
fall Sewer.

In connection with the condemnation OF
certain land and rights of way near the
Government Hospital for the Insane for the
continuation Of the 'toutfalI sewer" now
in process of construction, Messrs. John E.
Herrell. Thomas p. Stephenson. Charles G..
Stott, James F. Oyster, Edward Graves,
Nicholas H. Shea and William S. Knox,
composing a jury impaneled to reappraise
the damages resulting to the landowners
whose property will be affected by the con-
demnation. have reported their findings to
the court. The damages awarded to the per-
sons interested in the matter aggregate
$4,g7O.SS. about 81 200 less than the amount
OF damages which was awarded the proper
ty owners last summer by a commission.
The awards made by the jury are as fol-
lows: United States Realty Company,
$S4. 50: Isadore T. Young. $1,000; Henrietta
Brent Heiskell. Henrietta E. Ewing and
Joseph N. Young. $67s.4s; Henrietta Brent
Heiskell, S1S350: George J. Seufferle.
81, 71s.4O; Alfred T. Grimes 81. 106.50.
The chief contention in the matter was
the question as to whether the property
owners will be damaged after the compile
ton of the sewer in question by reason of
the depositing upon the remainder of their
tracts OF land. by the action. force and
flow of the tides and waters Of the Potomac
river, Of the sewage of the city, which Is
to be carried through the sewer and
emptied into the channel of the river. The
jury unanimously found that no sewage will
be deposited the land In question. and
that. consequently. no such damage will
be sustained by the landowners. its find
ing on this point being entirely at variance
with that of the commission which passed
upon the same matter last summer. The
commission. which was composed of Messrs.
Thomas W. Smith, Joseph B. Bailey and
John F. Cook, awarded over 600 to the
property owners for damages which 1t
declared would result on account Of the
back flow Of sewage upon the balance Of
their land.
This appraisement Of the commission was
strenuously objected to by Special Counsel
for the District A. Leftwich Sinclair who
had charge of the proceedings in court. by
the superintendent of sewers, Mr.. McComb,
and by Captain Jay J. Morrow, each Of
whom made vigorous reports upon the find
ing Of the commission. maintaining that
the appraisement was dramatically opposed
to the evidence laid before the commission.
The reports OF these officials were for
warded to the District Commissioners, for
action, and were approved by them, and as
result Special Counsel for the District
Sinclair was directed to object to the ap-
praisement and to ask the court to set
1t aside and to order the United States mar
shall to summon a jury to reappraise the
damages. The appraisement was set aside
by the court. in accordance with the Com
mfssioners' desire, and some of the land
owners. who were also dissatisfied with
the work of the commission, consented to
this being done. The jury whose verdict
was returned to the court yesterday Is the
one which was finally selected by the mar
shall to go over the matter of assessing
the damages.
1t was stated this morning by District
official that the verdict of the jury will
probably settle the long drawn-out contro-
versy over the acquisition of the land need
ed for the ''outfall sewer" and that the
construction of the sewer, which has been
considerably delayed by the condemna-
ton proceedings, will be completed in the
near future. Assistant Corporation Coun-
sci James Francis Smith, who now has
charge of the matter, will take steps with
in the next few days looking to the confir-
nation of the verdict of the jury by JUS
tice Gould, who presides in the court hay
ing jurisdiction of condemnation matters.