Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-06
EXTENSION OF nth STREET
COURT CONFIRMS VERDICT OF
ASSESSMENT juicy.
Unwilling to Disturb the Finding by
Reason Of Claims Of Indi-
vidual Owners

Justice Barnard of the Supreme Court Of
the District Of Columbia today signed an
order finally ratifying and confirming the
verdict of the assessment jury In the mat
ter of the extension OF 18th street from
Florida avenue to Lydecker avenue which
was reported to the court June g. 1906 Ths
jury, which was composed of John Z. Her
rell, James F. Oyster William v. Cox.
William A. H. Church. Daniel Fraser.
John H. Nolan and Edward Graves. as
sessed benefits against the real estate In
the neighborhood of the extension asgre-
eating $4,000.
Eleventh street was extended by the Dis
trict Commissioners several years ago. AMI
the damages and benefits resulting from
the extension were determined by a former
jury. but that jury's verdict. In so far Is
the benefits were concerned. was set aside
and the Jury whose verdict was confirmed
today only passed upon the question OF
benefits
Many of the owners OF the property as
sessed for benefits filed objections to ths
verdict of the jury. alleging that the as
sessments were excessive and unreason-
able and assigning various legal reasons
why the verdict should be set aside by
the court
Court Heard Arguments.
Justice Barnard recently heard arguments
upon the objections of the property owners
and the hearing of the objections occupied
several days. At the hearing the property
owners were represented by Attorneys Sam
ul Maddox. John Ridout. Leo Simmons,
Alan o. Clephane. H. Prescott Galley. Jas.
H. Hayden and others. and A. Leftwich
Sinclair. special counsel for the District.
and James Francis Smith. assistant corpor-
alton counsel. appeared for the District
government
Justice Barnard by the order passed In
the case today, overrules the objections
raised by counsel for the property owners
and confirms the verdict Of the assessment
with the order OF confirmation q written
opinion Of twenty-one typewriter pages,
setting forth In detail his views upon the
questions involved.
Justice Barnard's Opinion.
Justice Barnard concludes his opinion As
follows:
Eat any rate. I am unwilling to disturb
this verdict by reason Of any claims made
by Individual owners as to the amount or
the assessment. because while It may be
true that exact Justice would require q few
some lots, and a few dollars. more or less.
to be added to other lots, still 1t Is the Of
Ace of the jury to FIX that amount. and
unless that duty has been performed In
d
the assessment Is unreasonable and unjust.
the court would not undertake to disturb
the verdict and require a new jury to make
a reassessment. II new Jury was Inn
paneled at this time. II would still be fur
Their from the date Of the extension of the
street, and the new jury would be. per-
haps, more embarrassed than the present
fury has been in ascertaining the exact
amount Of benefit to the neighboring lands.
caused by the extension of the street On
the whole case. therefore. I am disposed
to override all the exceptions and sign a
decree confirming the verdict of the jury"
Matter Of Appeal.
The ratification of the verdict Of the jury
Is looked upon as victory for the Dis
trict Commissioners as the case has been
pending a long time and was considered
one of the most important condemnation
proceedings that has been before the local
courts in recent years.
1t Ii stated that some of the property
owners will probably appeal from Justice
Barnard's ruling and that the case may
finally reach the Supreme Court Of the
United States.