Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-08
MONEY IN DAMAGES
Amount: Paid for Property
Near the Union Station.
AGGREGATE is $319,331.10
Total to Date Of Allowances by
Grade Claims Commission.
BUT FEW MINOR CASES REMAIN
Saving by Compromises Stated to Be
$780, $50 in Favor of
the District.
BUT FEW MINOR CASES REMAIN

| For damages due to the changes in
street grades resulting from the construc-
! ton of the Union station and the carry
! ing out of the vast system Of railroad i'm
| provements. property owners have al
! ready received s319.3S1 10, and only few
! minor cases remain to be adjusted. This
cost to the District. in grade damages is
considerably less than was estimated
| when the railroad terminal work was
! planned.
! This is the announcement made by A.
Leftwich Sinclair, special counsel for the
District, in his annual report submitted
to Capt. E. NJ. Markham, assistant to the
Engineer Commissioner, today.
| a saving Of $40. $50 to the District. the
report shows, has been effected through
compromises between the District and
property owners, made after the award
of the grade damage commission.
Up to the close of the year forty-two
of the cases in which appraiSementS of
the commission were set aside upon the
application of the Commissioners of the
District of Columbia were compromised,
says the report. whereby the sum of
S20,15O. or about 90 per cent of the total
, amount of the appraisements made by
the commission in favor of the property
! owners IN CneSS 1OTty-tWO cases, was
saved to the municipality.
Total Amount Paid.
The total amount paid out by the Dis
trict in settlement of grade damages. up
to the close of the year, was $319,331.1O
| which includes the appraisements of the
commission from which no appeals were
taken, the amounts paid in compromise
Of the forty-two cases mentioned and the
appraisements made by appeal Jurles:
Reporting on the work accomplished
during the fiscal year ended June ~, Spe-
cial Counsel Sinclair says:
There were eighty-nine claims for DAM
ages heard and determined by the grade
damage commission during the year, IN
volving 146 pieces of realty. In forty-slS
of these cases damages were awarded
land owners aggregating $6S. 40, while In
| twenty-three of the cases the commission
awarded no damages Whatever TO the
claimants, for the reason that the DAM
ages alleged to have resulted to the prop
critics under consideration had been offset
by the benefits and advantages SHOWN TO
have accrued to the property IN conse-
uuence of the elimination OF grade cross
ings. the establishment of the Union rail-
road station and terminals and the works,
buildings and improvements incidental
thereto.
Settled by Jury.
1.-The Commissioners of the District OF
Columbia or the property owners e1-
pressed dissatisfaction with the appra1se-
ments of the commission in thirty-six OF
the cases tried during the year, where
upon the Supreme Court of the District
passed orders vacating and setting aside
the appraisements of the commission ana
directing the United States marshal 10
summon a jury of seven citizens In sucn
cases to appraise and determine the
amount of damages to which the claim
ants are entitled, as provided by section
V Ct the act of Congress approved April
% 1904 entitled An act to provide for
payment Of damages on account OF
changes OF grade due to construction OF
the Union station. District Of Columbia.
The sum of $3.50 was saved to the
District during the year by the COM
promise of eight cases in which jury
trials had been ordered by the court
upon the fling by the Commissioners or
| the District Of Columbia of expressions
! of, dissatisfaction with appraiser ents
| made by the commission, as will here
| matter appear
| Sixty-Four Petitions.
| During the year. there were sixty-four
| petitions for the allowance of damages
| fled. which makes a total of about 800
! petitions that have been filed with the
! clerk Of the Supreme Court of the Dis
"
said act of Congress. approved April
.o2. 1904.
There were no appraisements made
! by a jury during the year. jury, COM
posed of Messrs. William T. Galliher.
| William +. GUIDE, John II. Nolan, Oscar
j. Ricketts,. Richard w. Henderson, Frank
! c. Henry and Charles Werner. was SLIM
| moned 10y the United States marshal to
consider the appeal cases pending. but,
owing to delay following an application
fl,n H.- r. nfr of f11n
| claimants for instructions to the jury.
none of the jury trials was concluded
during the year.
About fifty cases were awaiting trial
! by jury at the close of the year. While
| a considerably larger number OF appeals
! had been taken from the appraisementS
| of thet commission. many fthem had
| been disposed of by compromises effected
between the Commissioners of the Dis
trio: of Columbia and tie property own
Compensation Reduced.
| Special Counsel Sinclair also announces
! in his report that in the future he will
| ask the Supreme Court to fix the compen-
| sati, n of the nembe OF the grad e-dam-
age commission at So per day instead OF
| $40 Fer day. which they have been re-
ceiving The payment Of S. per day was
| that originally fixed by Congress, but
! under an amendment to the law allow
! ing the DiStric Supreme Curt to fix the
compensation they have been paid $40 PEI
| da..
'The commission has not disposed of
! the most difficult Of the grade cases In
| so far as it lies within its rover to dis
pose of them." he says in explanation
''TheIe remain fer it's consideration only
| a few sporadic cases in The vicinity Ct the
| Union station, a few Odds and enos III
| Southeast Washingt II and the cases III
! Southwest Washington. very few, if any,
| of which will be troublesome Or difficult
| OF settlement.
| In concluding the report Mr.. Sinclair
saws that special acknG W leGgme nj is due
| to his assistants, Leonard p Br3dsh wv
and Gus A. Schuldt "for their unit II :
industry and efficiency in the discharge
Of their respective duties during the yen.
wrea+h for Veteran Policeman.