Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-22
HEARINGS BEGUN
ON GALL|NGER BILL
Prohibits Condemnation for
Streets Until Money Has
Been Provided.
LOUIS P. SHOEMAKER
TELLS INJUSTICE DONE
Col. G. A. Armes Explains How He
Dedicated 100000 Worth of
Land Without Benefit.

'
The Gallinger bill. providing that ir
| the future the District Commissioners
| shall not inaugurate condemnation pro
| ceedings and assess the cost of the land
taken for any street until sufficient
money has been appropriated to i'm
prove the street was today the subject
of hearing before the subcommittee
on streets and avenues of the Senate
! District committee.
| Louis P. Shoemaker. Col. George
! Truesdell. former District Commission
er: Col. George A. Armes. John H. Saul
| and H. l.. Rust appeared in support of
| the bill. District Commissioner Brown l.
| low and the Engineer Commissioner,
| Maj. kutZ, opposed the measure.
Tells of Injustice Done.
Mr. Shoemaker told the committee that
much injustice was done under the pres
ent law, which permits the Commissioners
to institute condemnation proceedings, as
sess the benefits against abutting property
owners. although the streets in many cases
are not opened for years. He said that
while the Brightwood Citizens Associa-
ton, for which he was speaking, had
every confidence in the present Commits
sioners they would not always be in Of
flee aysd other men might use their power
unjustE under the existing law IT.
Col sArmes was the next witness. He
| said tat injustice had been done him.
Under promise Of former District Com
missioners, he said, that streets would
be opened through section in which he
owned considerable property. he had dedi-
Gated property for streets worth 100000.
The streets, he said, had never been
opened.
Saws Assessments Increased.
Col. Armes said that in the meantime
the assessments on his property had
been greatly increased.
Col. ITruesdell said he was
heartily in favor of the bill. He told
the committee that he had suffered
greatly from evils which the bill seeks
to remedy. He said he was particularly
opposed to the compulsory assessment
of the entire cost of damages as bene-
fits under the existing law, regardless
of what the jury might think the ben
efits really were. The benefits assessed
should be confined to what the jury
should find in each case, he said.
Defense of Present Law.
In defending the existing law Com
missioner Brownlow stated that since
1899, when the highway law for the
District went into effect. to January l..
tls1e, there had been dedicated 1913
miles of streets in the District: that
about Is miles of streets had been con-
demned. of which 1896 miles had been
condemned under special acts of Con-
gress and two-tenths of a mile under
condemnations originated by the Com
m missioners. He said there were now
pending several condemnations begun
by order of the Commissioners.
Mr.. Brownlow said If it were possible
for the damages to be held up along
with the benefits until the streets
should actually be improved. the pro-
posed change in the law might work.
But he told the committee that the
damages. which are the cost of the
land taken for streets. must be paid
Immediately. He also suggested that
the enactment of the proposed law
would tend to prevent future dedica-
tion of land for streets and halt the
proper development Of the city.
Views of Maj. Kutz.
Mai. Kutz said that the Commission-
tenn is perfect but that it is better
than the system proposed in the Gal
linger bill. He said that the bill would
take away the power of the Com
mssioners to order condemnations Of
land for streets before appropriations
of money for the improvements of
streets are made. He said that some
period of two years, whereas the ap-
lpropriations die with the fiscal year for
which they are made. and that the
Commissioners might have to go back
! to Congress again and again for ap-
preparations for the same streets.
Would End Needed Power.
law would take away from the Com
missioners the power to order con-
demnations for short streets to connect
! others, which is sometimes very great
ly needed.
/ the committee that the opening of
1 paper streets" was, as a matter of
| fact, benefit to the property holders,
| since they increased values in many
| cases.
Senator Salisbury, the chairman of
| the committee. asked whether assess
\ ments for benefits were made with the
| understa anding that the streets would
| be improved Tor travel Immediately
! Assistant Corporation Counsel Smith
| replied that such was the case He
| pointed out. however. that the assess
| ments could be paid over a period OF
| five years and could not be collected, if
| not paid. until the end Of the five years
| Representative Tinkham of Massachu-
! setts. a member of the House District
| committee, who has a bill similar to
| the Gallinger measure before the House
| District committee. was present and
spoke in favor of the bill