Evening star., 1907-08-10

the opinion that It will be impossible to get
| a jury which will find benefits amounting to
| the damages and costs.
Cost to the District.
In his recommendation Commissioner
| Morrow points out that, according to the
verdict IN the case reported by the cor
| poraticn counsel, instead of the damages
and benefits being equal and the District
| having nothing to pay the opening of the
minor street will cost the District the diff
ference between the amount awarded as
damages and the amount awarded as ben
eits-n!ore than Sc 800
Capt. Morrow explains that of the various
proceedings to open minor streets during
the past year, only one has been carried
through successfully, and that one he says
undoubtedly by reason of the fact that the
verdict was rendered and confirmed by the
court prior to the opinion of the Supreme
Court of the United States in the so-called
Brandenburg case" since which time
1uries have been instructed by the court
that they are not required to find benefits
In an amount equal to damages and costs.
he says 1t Is clear that the juries cannot
be brought to see that 1t is the intent of
the law that the damages and costs shall
equal the benefits with the instructions they
are receiving from the courts.
Case to Be Set Aside.
The case in Southeast Washington will
be set aside, for the reason that there Is
no appropriation with which to pay dam
ages since the assessment for benefits does
not equal the damages and costs. All other
minor street proceedings now under way by
the District authorities will be abandoned
for the present.
The recommendation has been approved
by Commissioner West and the corpora ton
counsel will be directed to draft new legis-
lation.
Action Anticipated.
aof hat
temporarily abandon the minor street"
movement, and make an effort when the
next Congress assemblies to secure legisla-
tion which would modify the code of law
governing the conversion Of alleys and
courts into minor streets, was exclusively
predicted In The Star June last. AT that
time CommissionerssWes and Morrow had
come to the conclusion that the move
ment could not be carried on successfully
and Justly under the present law and that
the present method OF assessment for the
conversions was a hardship in nearly every
instance and in number Of cases would
mean contiscation to the property owner
assessed.
1t is the intention of the Commissioners
In seeking new enactments to protect the
citizens, particularly the poorer house
owner, from confiscatory assessments. In
speaking of the abandonment of the minor
street movement Commissioner Morrow
said today he is strongly opposed to the
method of assessment provided for in the
code OF laws. as he believes that in no case
would the benefits equal the damages and
costs, which equality is the aim of the law
He said that he is of the opinion that the
benefits will average about 25 or 80 per
cent of the damages and that the property
owners should only be assessed according
to this true percentage.
Commissioner Morrow's View.
When asked what will be the nature of
the legislation the Commissioners will re-
quest from Congress to remedy the situa-
tion. Commissioner Morrow said: 1T Is
likely that We will ask for a special bill
and appropriation for each Individual case
where an alley is desired to be converted
into minor street such as we do in the
case of all street extensions and improve
ments.
I'm preparing bin for some particular
conversion we will carefully figure the ex-
act cost of acquiring the land, and the con-
demnation OF the property on the line of
the proposed minor street. and figure the
exact and actual benefit to the surrounding
property. If the latter amounts to 25 per
cent of the total amount of damages we
will have the bill state the exact amount
that the benefited property will have to
pay. Provision will also be made in the
bill giving the Commissioners authority to
veto a verdict brought by a condemnation
jury II the verdict Is not satisfactory to
them.
According to this plan which the Com
missioners propose to inaugurate, the OPEN
ing of minor streets will cost the District
something. and in view of this a special
appropriation will be provided for in each
case
The Commissioners concede that the con-
version of alleys into minor streets is alb
solutely necessary in nearly every case for
the general good of the community, par
| ticularly from moral and sanitary point
of view President Roosevelt Is very much
| in favor of the movement; in fact, it is said
l . - I,,a ate
| for the cleaning of the local tenement dis
| tricts" that the Commissioners appointed a
| special board to carry out the conversions.
! This board consists of the superintendent
of police. the District surveyor and the sec
retary OF the District board of charities.
| The board has Investigated a score of alleys
and has recommended the conversion of
| about a dozen. of which three were rejected
by the Commissioners upon the advice of
the Engineer Commissioner. Only one of
the cases recommended and approved has
passed through the courts and put into
effect.
An Instance Cited.
This one successful case is o street alley.
which is between N and and 4th and
5th streets northwest This conversion will,
according to the verdict OF the jury in the
case cost the property affected. $35,OO0
which condition is looked upon by Commis-
sioner Morrow as outrageous.
In explaining the unjustness or the law
! and this method OF assessment Commission
| er Morrow said:
Take for instance. man in the position
| of clerk. One who receives a salary around
| thousand dollars year, and who has
| saved uD little and buys small house
| for 5000 by taking out $1,000 mortgage.
| BY reason OF his small salary, and by the
time this man pays the yearly interest on
| this mortgage and for the cost of living,
| he has little II anything left to put in
| bank. Then the District comes along,
| opens up minor street In the block upon
| which his little house is located and as
! sesses him. say, $3.50 his share Of the
| benefits Do you suppose that man can
| afford 1t What happens then? The bank
| refuses to increase the mortgage and he
| Will find 1t impossible to get any one else
| TO take up second mortgage, and he is
forced to sell his property at a sacrifice.
| There would be no end Of such pitiable
| cases OF confiscation II this method of as
| sessment were not remedied."
Corporation Counsel Thomas and A. Left
wich Sinclair. special attorney for the Dis
| trict. are preparing the legislation to be
put before the next Congress.
1