The Washington herald., 1914-07-13
keller CLAIM
HAS NO Merit
Man Whoe~ : 10 Damaad
is =. .-r. 10 Ulstnr+ Bill
-las a-.esiAs "a
cor ST yE GE-.oluN
-. Less by Line Extension Than
Neighbor. Yet Was Paid
Higher Damages.
cor ST yE GLc.sloN
ny JOSEPH P. AMIN.

! Investigation into the merits Of th'
claim of Thomas W. Keller. as repre-
senSed in an appropriation for sL.15o
which the Senate conferees are trying tc
push through at the risk Of causing the
failure OF the entire District appropria'
tion bill. cuts the last vestige Of merit
! from the procedure.
Senator John Walter Smith yesterday
pointed to the fact that Edward w
Davis, who owned the corner lot abuttins
on Kener's two lots. was awarded $s,ooC
damages for the extension OF the build
ing line through his property, whereas
Kin the case OF Keller the damages
awarded were exceeded by the benefits
assessed to the extent OF $50.
| The difference between the circum'
stances in the two cases was as great
as the difference between the verdicts.
Upon Davis property were two stores,
netting an income of about $50 a month,
a return of or 10 per cent on his invest
ment These stores had to go, leaving
a small triangular lot upon which Davis
mas 10 NICNl OlC oAiAoAA eNSAS
which he uses himself.
Cannot Build store. .a
Davis property, under the District
regulations, is available for store pur-
poses Keller's property is not. He would
not be permitted TO build anything except
residences on his TWO lots. The space
between the building line established and
the sidewalk. which is restricted in so far
as building operations are concerned.
but which is not otherwise interferred
with, still is available for lawn purposes,
and can be incIosed by the owner of the
property.
As matter of fact, the restricted area,
as well as the remainder Of the two lots
is now inclosed and used as lawn and
garden by Mr. Keller. So that, in effect,
Mr.. Keller lost nothing by the proceed
ings.
Friends of Mr.. Keller yesterday said
that E. H Thomas. who was corpora
ton counsel at the time Of the Keller
condemnation proceedings. and who
handled the case for the government, had
written the committee stating that in
his opinion the award to Keller by the
condemnation jury was unfair.
Receives Call from Keller.
Mr.. Thomas said last night that dur
ing the proceedings Keller had COM
planned to him as had Davis, and that
after he left office, he had told Keller
that in his opinion, the benefits assessed
had been too high. Later, Keller asked
him to put this on paper.
AT his request 1 wrote a letter re-
iterating this statement. either to Mr..
Keller or to the committee don't re-
call which" said Mr.. Thomas last night.
7 did not know. however, that Keller
contemplated asking the Senate to over
ride the court decision. I was surprised
when I saw that the item had been put
in the bill.
Davis was the worst damaged. The
establishment Of the building line cut his
property into small bits. Both of them
could have appealed to the trial judge
from the verdict of the jury, and why
in the world they didn't do it 1 don't
know The action of the Senate now
amounts to the recall of a judicial deci-
sion which has not been appealed from.
81 think Congressman Pages proposal
TO have the entire case reopened in the
way provided by law would be the fair
way to settle the case"
There was no indication of a break in
De-
OF the House confeTees, was at his home
in North Carolina, where he will remain
until Tuehday or Wednesday.