Evening Star Newspaper, December 20, 1897, Page 13

THE EVENING STAR, MONDAY, DECEMBER 20, 1897-16 PAGES. AT KARR’S Diamonds and Fine Gold Jewelry. Our stock of Fine Gold Jewelry is of the richest and most recherche de- scription, containing Brooches, Link Buttons, Pins, Chains, Bracelets, Rings, etc. Diamonds and other Precious Stones in the newest set- tings. We have every kind of gold jewelry that is being worn. Lower prices than ours for the same quali- ties you cannot find. . Karr’s Sons, Jewelers, 045 Pa. Ave. ; i i a a a a mo A a se a Open Evenings Until Christmas. : : Bring Your Christmas List-= z | =-AT== PERRY'S. The hours and the minutes all count now—so much to be done before Christmas—and only four short days in which to do it. The student of advantage must recognize in this al- together reliable stock of ours the best solution of the knotty problems—“what to give.” There is something— many somethings—here for everybody. Giveable because they ere serviceable. Giveable because they are worthful. Buvable because the prices are within the pale of reasonable- ness From the minute you cross the threshold—until you reach the topmost selling floor in all three of our big build- ings—stretched out before you are multitudes of sensible suggestions. Go straight to the Handkerchief counters—there is a spe- cial offering there that will interest you. Stop at the Glove counters—you have put down on your gift list for Gloves—and ours are the best makes. The Umbrella Department is a particularly interesting somebody Italian Silk to $6. Irish Point, ‘Tamboured, Swiss, Nottin = ; z 3 4 ; spot. > : : = The Leather Goods and the Jewelry each hold out strong inducements to big and little purses. Pa nts ¢ i From a few cents to a few dollars-=hints epee = os of household gifts. 3) 2 t nel. i + Xmas Flannels. Xmas Domestics. Mer: s Skirt Patterns, 2% yards long € 5 _ aac meas = tton Toy Patterns, Monkeys, Dolls, and’ T sand deep: nkes flan onpare: | Dees shell 250 styles of Calico—cut in 19-yard t= Emtreidered Flan- terns—50 and 65c. yard. see 3 Sane aS Indigo Blue Calico—Polka Spots, Stripe < and Figured Patterns, un Se. quailty, re. for 6c. a yard. Rvssisn Fleece-in 10-yard patterns— adds tee hewest effects—$1 each. Flannels at Christmas Chintzes—32 inches wide—10- yard patterns—$1 each. sin- Each pattern is “frontispleced” with a - a yard. paren bbe m yard. hams, Pereales, Chintzes and Xmas ns. 1 and Brown Shirtings and Sheet- S4. S10 S-i4 Lunch and Din- ts and Pillow Cases ner Sets $3.50 to $25 a set. than the muslin they are SS. 34 and 7-8 Pure Linen Nepkins— made of would ccst you. #108 te $20 8 doze ficached Damask E 2 Huck and Damask to Xmas Upholsteries. 4 and 6-4 Plain and Hemstitched : : Indian Stools, in all the popular woods— $1, $1.50, $2, $1.50. 4. n Work and Knotted Fringe Wood Sereen Frames, filled with silka- ‘owels—-worth STigc.—for 62340. Line—$1.98 und $2.50. Japanese Screens, five feet high, with Is—Terry and Woolen Bath : = en, wth Blankets—at close prices spe- four folds—$3.50 and $5.50. parked for the holidays. Pillows and Cushions, in silk and other art stuffs—hundsome oddities—$1 to $5.50. 12 Se, = Bargains at a time when you can best Xmas Bed Coverings afacrtne a Ue, wten cet Wrapper Blan! $2.50 to $6.50. prices, latest patterns in Brussel oo 11-4 Wool Blankets $4 ham and Novelty Lace Curtains cht wont gon and California Blan- Onyx Tables—$3.95 to $16.50. Eiderdown Spreads—$5 to $18. Japanese Fire Screens and Four-fold Bed Screens of art lacquer—$1 to $10. PERRY’S 9 “NINTH AND THE AVENUE.” 2 Esta 1840. Telephone 995. Becca edplpteteete eee sntetetetetet Soins Settee eeSondondontentontetenentonfontontent One more of our great extraordinary Suit Sales begins this morning. This time it’s a special line of Fine Black Eng- lish Cheviots—that kind of cloth which makes a becoming Suit for any man. As long as these Cheviots last we'll make Suits z to order in i ' | Sack $4097 : Styles at = = = We believe we'll have enough of these cloths st until Christmas, but, of course, it’s always advisable to get in your order early. As custom- ary, they'll be tailored to a high standard of good- ness—excellent linings—excellent finishings. : Also a new Une Trouserings to order th's week at B07. Mertz «« Mertz, s “New Era” Tailors, 906 F Street N. W. i i Seehoslontodinetertortonionieeteie % , Sonne ¢ Seeeetenenon beeen detetetetetodetetetetetetetetetetetetetetetntoreeeeenetetes Meeceteaetes SHS oe Rape netrdes Merntotnteteenllpinelniip THE HIGHWAY ACT Report of tle Special Board of Trade Committee. THE SUBJECT EXHAUSTIVELY TREATED Many Objections Are Met and Re- pied To. AMENDMENTS ADVISED The special ‘committee of the board of trade on the highway extension act, con- sisting of R. Ross Perry, A. S. Worthing- ton, W. F. Mattingly, Chapin Brown, Jo- seph Paul and J. B. Wimer, will make its report at the meeting of the full board. to be held at the Buliders’ Exchange tonight at 7:30. Their report has been distributed to the members of the board. It is as fol- lows: “The undersigned, being a special com- mittee appointed for the purpose of consid- ering and reporting what, if any, amend- ments should be made to the act of Con- gress approved March 2, 1893, entitled ‘An act to provide a permanent system of high- ways in that part of the District of Colum- bia lying outside of cities,’ respectfully sub- mit the following 1eport: “When the committee was appointed liti- gation was pending in the courts of the District of Columbia which involved the constitutionality of the act as a whole and of a number of its separate provisions. It was manifestly impossible to make an in- telligent report as to proposed amendments until those questions should be determined; and even after the validity of the act had thus been established there were many other questions remaining to be settled in the two cases Which had been taken to the Supreme Court. But the time has now ar- rived when, in the opinion of the commit- tee, the matters referred to it should be acted upon and a final conclusion reached. “To a proper. understanding of the high- way act of 1893 it is necessary to recall the circumstances which led to the preparation of the original bill under the direction of the board of trade, and to its final passage in an amended form by both houses of Con- gress. The late Senator Harris, on behalf of the Senate committee on the District of Columbia, on the 10th of February, 1802, in reporting favorably the board of trade bill, with certain amendments relating to the details of the bill, set forth some of the circumstances which had led that commit- tee to the conclusion that the bill should be passed. In that report he said: “By an act approved August 27, 1888, en- titled ‘An act to regulate the subdivision of land within the District of Columbia,’ it was provided, among other things, that— “‘No future subdivision of land in the District of Columbia, without the limits of the cities of Washington and Georgetown shall be recorded in the surveyor's office of the said District unless made in conform- i with the general plan of the city of hington.” Did Not Conform. “The evil which this act was intended to remedy was ihat various persons owning land lying on or near the boundary of the city of Washington had, from time to time, made and recorded in the surveyor's office subdivisions which did not harmonize with each other, and in most instances did not conform to the plan of the city. The plan of the city i nid out unde the direction of Pr Vashington w great care and on a grand scale, such as was suitable to the capital of a great coun- try. There was no occasion to provide for city streets beyond the boundary until about the year 1865, when the city of Wash- ngton began to extend beyond the limits marked out for it on the plan adopted by President Washington. ‘ “From that time until the passage of the above mentioned act of 1588 each land owner laid out the strects upon his prop- erty to suit himself. The result was that the city proper was in danger of being su reunded by straggling villages, with a lab rinth of streets, narrower in general than those in the city, in many instance not being extensions of the city street and even not conforming to each othe Had there been at this time in existence 3 rap upon which the streets of the city were projected through these lands the land owners would, no doubt, have adopted the streets laid down on such map; but a there was no guide for them to follow, each man did what seemed to himself most to his own intere: nd worse than this, the principal avenues of the city were not ex- te d, because no single land owner was prepared te donate to the public the large proportion of his land which would be re- guired in the projection of such avenues. “The act of 1888 put a stop to the re- cording of subdivisions in the surveyor's office unless they had been made in pur- suance of gencral regulations prescribed by the Commissioners, which required that they should conform with the general plan of the clty. 2 “In may instances this resulted in requir- ing owners of land lying some little dis- tance from the city to so subdivide their land that the streets thereon will be on the line of the extension of city streets, but which will not connect with the streets of the city because of some intervening subdivision made prior to the passage of said act and not conforming to the plan of the city. In other cases the land owner has been required to lay out his street of the same width as the corresponding street in the city, while between him and the city the street is narrower than he has been re- quired to make it where it passes through his land. “Furthermore, as the question whether a certain subdivision fs ‘in conformity with the general plan of the city’ is a matter requiring the exercise of judgment, and as subdivisions under the act of 1888 are approved from time to time by the Com- missioners during the course of years, the same Commissioners are not in-office all the time, subdivisions are scattered around through the District, each one of. which has been held by the proper authorities to be in conformity with the general plan of the city, which do not in all cases conform with each other. A lateral street in one part of the District, when projected, will not strike the corresponding lateral street some distance away. Even where two such subdivisions some distance apart are made and approved at the same time by the same Commissioners there is now no means pro- vided for projecting the street on the ground so as to make the two correspond- ing streets in the subdivisions on the same line. This requires a large expense, and neither the funds nor the machinery has been provided for doing this; so it is fre- quently advisable to deflect one or more streets or avenues, as was done in the orig- inal plan of the city proper; but it is mani- festly impossible in recording scattered subdivisions at different times to make such deflections so as to make them corre- spond with each other and unite them all in a harmonious whole. “For all these reasons the committee is of opinion that Congress should now enact a law which will provide for extending the plan of the city of Washington to the limits if the District of Columbia. Indeed, the passage of the act of 1888, and the require- ment of that act that subdivisions should conform to the plan of the city, without regard to whether they conform with ad- joining or intervening subdivisions, consti- tuted, to some exten\, at least, a pledge on the part of Congress that this would be done; and until this shall be done it will be impracticable to provide a proper sys- tem of sewerage and water supply for that part of the city which lies outside of the original plan, for, manifestly, sewers and water pipes should not be laid through the misfitting subdivisions in question their lines shall have been rectified, as oth- erwise great and unnecessary expense will be incurred. Prior to 18090, “Prior to 1890, when the matter of the street extension bill was first taken up by the board of trade, there had been intro- duced in Congress a great variety of bills providing for the platting of streets in that part of the District of Columbia lying out- side of. the cities of Washington and Georgetown, and for the extension of some or all of the streets of the city over that territory. Most of these bills related to a few highways or to some particular street or avenue. The first of these bills Di“N3: vant, Forty-nmth Congress sae . nan session, which was introduced on Spell 5, until | | 13 ¢ twelve or fifteen oth- introdu between that date and January, 1890, provided for the extension of the following, streets: North Capitol street, Ist street. northwest, 3d street northwest, Sth street northwest, 9th street northwest, 12th street/ 13th street, 15th street, 16th street, 17th street, 18th street, 2ist street, Delaware avenue, New York avenue, New Jerséy avenue, Vermont ave- nue, Rhode Isiand' avénue, Massachusetts avenue, Sheridan: avenue, and Whitney avenue, and for the laying out of a road 1,200 feet wide along Rock creek from Mas- sachusetts avenué to ‘the northern bound- ary of the District of Columbia. “As early as February 15, 1886, Senator Ingalls introduced,a bill providing for the making of a map extending the streets and avenues of the city of Washington over the entire District This was a very brief bill and had no provision fer condemnation pro- ceedings (Senate, bill, 1519, _Forty-ninth Congress.. first session); This was followed on the 20th of April, 486, by a bill intro- duced by Senator Mahone (Senate bill 2201, Forty-ninth Congress, first session) provid- ing for extending the streets and avenues of the city from their termini at Boundary street and for the laying out of streets run- ning cast and west parallel to the city streets through that territory bounded by Rock creek on the west, Lincoln avenue and the Soldiers’ Home on the east, Bound- ary street on the south, and Piney Branch and Spring road on the north. This was 2 carefully prepared bill containing twenty- five sections, and provided for the issue of bonds to the amount of two and one-half million dollars for the purpose of paying the expenses of condemnation proceedings under the act. Between April, 1886, and January, 1889, at least four other bills were introduced in Congress, which were in sub- stance the same as Senator Mahone’s bill, above referred to, as they all looked to the extension of the city over about the same territory, and provided for condemnation proceedings accordingly. (H.R. 8743, Forty-ninth Congress. first session; H. R. 11074, Forty-ninth Ceagress, second session; H. R. 6170, Fiftieth Congress, first session; Senate 3028, Fiftieth Congress, first ses- sion.) ne of these bills (H. R. 11074, For- ty-ninth Congress, second session) passed the Heuse of Representatives on the 14th day of February, 1887. So far as we have been able to learn, all the other bills which we have enumerated failed to pass either house of Congress. “It was in this state of affairs that, as we are informed, 2 subcommittee of the Senate District committee (Senators Harris, Spoon- er and Barbour) announced that the time had come when it was essential that some- body should prepare and submit to Con- gress a general bill which should provide once for all for the subject of street exten- sion in the District of Columbia, and relieve Congress of the necessity of dealing with particular streets and sections. Such a bill was prepared, by whom we have been un- able to ascertain, and was introduced in the Senate by Senator Harris on the 19th day of January, 1889 (Senate bill 3850, Fif- tieth Congress, second session). It con- tained several unconstitutional features and was assailed in the newspapers at the time for wat reason. Up to this time tue board of trade had taken no action in the matter. Bill Drawn. “The District committees being thus over- whelmed by a multitude of insufficient and contradictory bills, most of which repre- sented private interests and not the public welfare, the committee on streets and ave- nues of the board of trade, after confer- ence with those congressional committees, employed counsel to draw a bill whic! should meet the exigency. During the preparation of the buard of trade bill there were many conferénecs between the repre- sentatives of the'poard and the membe of Congress in either house interested in the question, and, the bill, as finally pre- pared nd introduced in the Senate on March Iso (Sénate dill I Congress, first ion), embodied ul Way the restJt of tho From that date until March Was pending in both louse and its y > bill of Congress, sage Was urged by many mem- bers of both houges and by the Commissioners. Repeated public hearings were give, especially by the House com- mittee on the Distriet, of Columbia. The bill was amended Lrom.'time to time to suit the views of cymmittees having it in charge or to overcome. objecliyns made to it. It at least (wice published in full in the yspapers of Washington. There was no serious opposition; {o it in the Senate at any but in the Tlouge it was vigorously ed by a munority of that body, and the upon the subject were fully repro- duced in-the Kewspiters. in a word, the Measure was. before the: people for three years, and évery one jnterested had an op- portunity to éxpress his views on it to Con- gress. “We now proceed to| the consideration, of certain objections that have been made to the highway act aside from those which go to the validity of the act or parts thereof, and which huve been answered by ue Su- preme Court of the United States. “1. It is said that the projected streets constitute a cloud on the titles of the land over which they are laid out. “There seems to be an impression among many of our citizens that the owner of land over which a highway is pro. the map is in some way prevented from using his land as he could before the map was filed. Legally there is no foundati for this apprehension. The law is well tled, and the Supreme Court has announced it as to this very act, that until condemna- tion proceedings have actually been begun the owner of lands through which the streets are to run has, precisely the same rights in it that he would have if the map had no existence. He may, if he cnoose, build houses in the line of the projecte highway, and claim full compensation £ them when the Jind is condemned. The whole efiect of the map is to let it be known in advance of the actual condemna+ tion of the land and the opening of the street where the highway will go when it opened. Till the condemnation proceedings are begun the authorities may not refuse the grant of a permit for the erection of any building or interfere with any other lawful use of the property. Although this is perfectly clear on principle, we have thought best to recommend that in amend- ing the law it be explicitly stated that af- ter the filing of the map, as well as before, the owners of land affected shall have free use thereof until condemnation ceedings are instituted. “But it is said that although this is the law, yet as a matter of fact there is great difficulty in making loans on real estate over which these highways are laid out or in making sales thereof. So far as our in- formation goes, this applies principally to ? Jand within recorded subdivisions which are changed by the map, and in all such cases and for this reason, among others, the highway act requires that within thirty days after any map shall have been filed condemnation procedings shall be insii- tuted as to all the land in any existing sub- divisions which it is proposed to take or to affect. This has been done as to all the subdivisions included within section 1, and it is the pendency of the condemnaticn proceedings, and not the recording of the map, which has so injuriously affected the land owners. “We have ascertained that in many of the largest cities of the United States, in- cluding Boston, Brooklyn, New York, Phil- adelphia, Baltimore and Pittsburg, similar maps have been duthorized and filed and used for many eee ‘Hach of these cities, except Boston, has‘had’at least fifty years of such experienc “And here in the Disfrict we are advised that as to a very’largé proportion of the land which is afféeted by the maps the land owners not onfy do not object to them, but are anxious that tpey should be com- pleted as soon as, possible, so that they may subdivide acéordfhgly. This is espe- cially true as to the owners of large tracts cf land. ‘There are-yomg instances in which comparetively smal} parcels of land are in- juriously affected py reason of the fact that an undue pfdportion thereof is in- cluded within the®boundaries of the pro- posed streets. Occasionally an entire par- cel will be within limits of the proposed street. It is unreasonable to expect that in such cases the land owner will voluntarily subdivide his land, and“t should not be in the power of the amthgnities by refraining from beginning condemmation proceedings at the proper time to: compel him to do so. When a tract of this:kind is brought with- in the area of land required for building purposes the owner should have the right upon agreeing to dedicate a reasonable Proportion’ of his land to require the au- thorities to proceed with the condemna- tion of the rest and ‘to pay him full value therefor without any deluction for benefits and without any assessment. ‘The Expense. “2, It ig urged that the carrying out of the highway act will be attended with great expense. “In publications which have come to our notice it has been calculated that five hutdred million square feet of land will be required for strzets outside of Wash- ington; that the average price of this land will be at least 25 cents per square foot, and that tne total cost will therefore be | court one jury may be sworn at the same | approval all ow not less than $125,000,000. “Those who make this objection seem to overlook the fact that the highway act makes no provision for the opening of a single street. After the passage of the act, as before, the question as to what streets should be actually opened and im- proved from time to time is left to the action of Congress upon the recommenda- tion of the District Commissioners in their annual reports. The purpose of the act of 1893 was simply to provide a plan by which streets should thereafter be opened, whether by the voluntary dedica- tion or by the exercise of the right of eminent domain. It was anticipated that after the passage of the act, as before, in the vast majority of instances the owners of land woul¢ make subdivisions of their own accord. Many millions of square feet of land in the county were given to the public in this way main purpose of that law was to provide a general system by which the various voluntary dedicaticns thus to be made would so agree with one another as in the end to produce a harmonious whole. As a matter of fact, we are advised by the Commissioners that in very many in- stances owners of land are only waiting the final perfection of the maps to dedicate their lands, and that these dedications in- clude many of the broadest thoroughfares. Many such subdivisions were made under the act of 1888, and the act of 1893 re- guires that subdivisions so made shall not_be changed in making the maps. “The highway act might have stopped with authorizing the preparation and fil- ing of the maps and forbidding future sub- divisions except in accordance therewith. It_ would then have required an incon- siderable expenditure of money. One thing only prevented this from being done, and that was that there were around the northern part of the city a number of subdivisions made prior to the act of 18S, rone of which conformed to the plan of the city and no two of which conformed to each other. On all hands it was ad- mitted to be necessary to make some changes in these subdivisions. For in- stance, nobody would have thought of extending 16th street north until it struck the Denison and Leighton subdivision and then continuing it beyond that subdivision without changing the latter. There would then have been no thoroughfare at all, and either a part of the Denison and Leighton subdivision had to be wiped out or the idea of extending 16th street in a sgraight line abandoned. This is but one instance of many. Manifestly the owner of land in a subdivision over which a new high- way was thus projected was in a very different situation from the owner of a farm or other large undivided tract in the same vicinity. The land in the sub- division was held in many parcels by dif- ferent owners, each having his own par- ticular building lot. Some of these par- cels were covered by the projected streets and of others portions were taken. It was out of the question in these instances to expect a Gedication of ihe land by the owner. Therefore it was necessary to be- gin condemnation proceedings at once, or to allow the owners to go on with their improvements and to await the day when the public convenience would require the actual opening of the street. This would be a manifest injury to the owners of such parcels, and the t of condemning the land in these subdivisions would be greatly increased every few years. It was the part of wisdom, therefore, as to the land in these subdivisions covered by the new highways (as well as to land in the subdivisions affected by the aban- donment of existing streets) to proceed v put dela witiene condemnations in these subdivisions have gone so far as to show that the total cost of carrying out the plan as indicated by the map of section 1 will amount to bout eight or ten million dollars. This at he ex- entail too Without waiting, therefor pense. of all condemna termination pre ings in the subdivision by the map of section 1, we advise the board to recommend the making of such changes in the map, by leaving out new streets and toring those which are proposed to be will reduce the expense to eding four million dollars. that not more than three 1 theusand dollars of this sum will It is hundr, i be required in the parts of the District not included in section 1, as the subdivisions in them are comparatively few and the changes to be made in them are slight. Its Extent. “3. It is said that the scheme of the biil is too extensive ‘for the present and pros- pective needs’ of the District; that in the remoter parts of the District there will be no necessity for the opening of the high- ways for perhaps fifty years, and that the maps to be made mow should be confined to the requirements of the present time or the immediate future. “It may be said that this is not so much an objection to the act itself as to what has been done under it. The act required Uhe Commissioners to prepare the plans from time to time in sections, and made it the duty of the Commissioners in prepar- ing such plans by sections, so far as might be practicable, ‘to select, first, such areas as are covered by existing suburban sub- divisions not in conformity with the gen- eral plan of the city of Washington.’ ‘The rumber of sections and the extent of ter- ritory to be included in each were ne sarily left to the discretion of those who were to prepare the maps, and it was en- tirely competent for the ommissioners to have confined the earlier pS to the territory dmmediately adjacent to the city, and then tu have added sections from time to time as Tequired. As to the ter- ritory not embraced in the map on file, it is still within the power of the Commis- sioners, if it should be thought desiraifie to do so, to reduce the size of the sec- tions, and to address themselves in the frst instance to the lands lying near the border of the city. A glance, however, at any recent map of the District of Columbia Will show that subdivisions of land have already been made in all sections of the District clear to the District line. We are advised by the Commissioners that owners of tracts of land lying along or near the boundaries of the District, and which are as yet unsubdivided, are only waiting for the completion of the maps to make subdivisions. There is not a tract of land tying within the borders of the District of Columbia not now subdivided which the owners thereof are not likely within a few years to subdivide. “Besides, it is impossible to properly lay out a system of streets and avenues reaching part of the way to the District ne and stopping there. What the pian shall be within that line depends largely upon what it is to be beyond it. No engi- neer would undertake to project, for in- stance, Massochusetts avenue ‘or 16th street or Rhode Island avenue without re- gard to the conformation of the ground clear to the District line. The same thing is true as to the less important streets. And it was because the Commissioners found it impracticable to deal with the plan except as a whole that they have made the sections go large. “If the law should be amended so as to ccrfine the maps to a certain restricted area around the city, then we would be making now precisely the mistake as to the land in more distant parts of the Dis- trict which wes made thirty years ago us to the lands lying near the city—a mis- take the partial correction of which will require the expenditure of many millions of dollars, and which, even with all that is to be done to correct it, will mar for- ever the plan of the city of Washington. The Delay. The next objection that is urged against the act is the great deiay in carry- ing it into effect and the consequent injury to the land owners in the subdivisions af- tected by the map of section 1. It could be said of this objection, as of the next preceding one, that this is not an objection to the act itself. It, as we have seen, di- rected the Commissioners to select first the areus covered by existing subdivisions not in conformity with the city plan, and as to such subdivisions it required the begin- ning of condemnation proceedings ‘within thirty duys after the filing of the map, and gave such cases priority over all other busi- ness except criminal business in the courts. “The map of section 1 was filed in the surveyor’s office on August 31, 1895, and on the 27th of September following the Com- missioners began proceedings for the con- demnation of the land in each of the forty- seven subdivisions which that changed. The constitutionality of those sections of the act which provided for the deduction of benefits and for an assess- ment was controverted by practically ali the land owners, and a few of them con- tested the constitutionality of the entire act. The result was that about two years were unavoidably consumed in testing these questions in the courts, the final decision of the Supreme Court of the United States in favor of the constitutionality of the act and of every part thereof having been ren- dered on the 10th day of May, 1897. “We think, however, that it would be well to provide that in the discretion of the: before 1893, and the ; and under existing cir- | time in respect of several subdivisions. The constitutionality of the law and the | Principles upon which the jury are to pro- ceed having been settled, the proceedings in future cases should not occupy a great deal of time, and if the amendments to the map of section 1 which we have suggested should be made, the number of these pri ceedings would be so greatly reduced the inconvenience from delay in ascertain- ing the value of the land taken would be minimized. To still further eve the land owners in these si Divisions we ree »m- mend that provision be for the im- | Mediate payment of awaris when co firmed by the court, upon the approval, of Congress, but of the President of United States. This was the “In our opinion this objection, if it can- not be overcome, is a fatal one. The grand plan upon which the original city of Wash- ington is laid out cannot be followed in the extension of the city if the people of the District are to bear all. the maintaining these great thor: and reservations. As to the expr which is now imminent and pr . that of cor- recting the numerous disjointed and inhar- monious subdivisions which were filed prior to SSS, it is one which, if justic obtain, would be borne wholly by th ed States, subject only to a credit of the amounts collected by a proper ment But for the neglect of the pubite ties, over whom the people of the 1 had no control, there would have been pre- pared not later than 18 eneral plan for the extension of the city over the ter ritory now occupied by these subdivisions. Again and again the attention of Con gress was called to this matter by citizens of the District, who had no right in the matter but the right of petition. Individual land owners in making their subdivisions were necessarily governed by their own in- lerests, because there was nobod author- ized to determine where the streets should zo, and since Congress allowed these m' fitting subdivisions to be made, nay, since Congress required them to oe made, be- cause without a general plan there could be no harmony among them, it would seem to be too plain for argument that it is in- equitable to compel the people of the Dis- trict of Columbia. who had no power to prevent this expense from being incurred, to pay It. “If these subdivisions can be corrected lonly at the expense of our people, then, In our judgment, they should not be corrected at all. And as to streets outside of sub- divisions, if the people of this District are to pay for the cost of laying them out in the first place and of maintaining them in the future, then they should be laid out on a much simpler and a more economical plan. We know of no one in the District who is in fayor now of the adoption of such a scheme as is contemplated by the act of 1893 or who ever urged it upon Con- gress to be carried out at the expense of the people of the District of Columbia. “And here it may be utho strict a that body was wu United States bearirg its share ¢ vense of carrying th into effect, the committee on the Di *t of Columbia of the House of Represent Iso unani- the bill (repcrt No. Congres: first l this, they said: ‘The object of bringi ion), in explanation of all these sub- divisions into harmony with themselves and with the city proper is largely one for the benefit of the whole comm In a con- siderable degree it The main objec lan of ngton, rtak- plan in ations ze becar were intended for the grand capital of mighty nation.” annot doubt the t upon a proper nd will at le laid down in t of S78; bonds basis h isting 3.65 bonds, « pts from ments should be applied to the cre a sinking fuad to pay such bond: Its Practicability, “6. It is said that the h act is impracticable because two juries have failed to make an assessment in accordance with the provisions of section “This is the section which requires the same jury which ascertains the damages in any condemnation proceeding to assess one- half of those damuges upon property bene- fited, leaving it to the jury to determine what property is so benefited. Strangely enough, this objection comes mainly from those who propose to prohibit an: ment in the future. The reme: mple. If the juries cannot make the « sment Congress must necessarily estab- the front?foot rule or some other equal- ly obnoxious arbitrary rule in its place. Everybody concedes that there are benefit j2cent land resulting from the esi lishment of new highways, District cannot expect the share with us the expense of this work hout collecting actual benefits, as is done in every other municipality in the country. “We recommend the repeal absolutely of ection 15. We advise, as to existing sub- that no assessment shall be made » condemnation proceedings as to the subdivisions covered by any one map ure finished and payment of the awards Provided for. An assessment should then be made, taking the territory covered in the map as the taxing district, but it should be made for actual benefits only and after giving all parties in interest an opportun’ to be heard. It should be confined to bene- fits arising from the mere condemnation of the projected highways through the sub- such b- nd we of the nited States to divisions, without reference to any benefits that may be supposed to accrue hereafter from the condemnation of connecting streets between the subdivisions or from the actuai opening and improvements of the streets. In some cases these benefits would be practically nothing; in others they would be substantial. But in condemnation proceedings out- ile of existing subdivisions a very dif- ferent rule should prevail. It will sel- Gom happen that new streets will require to be condemned through large tracts of land, because cxperience teaches that al- most umformly the owners of such tracts are auxicus to bring the same into mar- ket as building lots long before the public convenience requires such condemnation. But if the owner of a large tract of land should choose to maintain it intact and to await condemnation proceedings, the benefits which, under section 11 of the Highway act, would be deducted would ordinarily equal compensation for the land taken, and the man who waited for con- demnation proceedings would thus, and justly, be put in the same position as the great majority who give the land for the strects on account of the greatly enhanced value of that part of their land which is not included in the streets. In other cases, Where a new street is to be laid out outside of existing subdivisions, a fair rule would seem to be that at least one- half of the cost should be assessed upon property benefited, leaving it to the jury in special cases, where they find the bene- fit to equal the damages, to make an award accordingly. It is hard to conceive of a case in which the public convenience would require the widening of a street outside of an existing subdivision where property in the vicinity would not be benefited to at least half the cost ef the street. “After very careful examination we have been unable to find that in any munici- pality in the United States less than one- haif of the cost of opening new streets is assessed upon the property benefited. Amendments Recommended. “To sum up the conclusions hereinbe- fore expressed, we recommend that the board of trade urge upon Congress the adoption of the following amendments to the highway act: “1, The map of section 1 as filed to be changed by leaving out certain new streets or parts thereof and by restoring cer- tain-streets which on that map are aban- of condemnations in existing subdivisions in section 1 to $3,500,000. “It should further be expressly stated that the map as amended is of the old E ac- tually have been begun. And it should rs of land embraced in it shall have an to be heard before the Com- after reasonable public notic . taxes and land nv pin the territory opportunity ot ail levied oa mnation proceeding dings have t special ved in tion for until thi 1f the land is ne paid, but without eruing dur ourse au- thorized by Congress in respect of the 2 Rock Creek Park. The Cost. ons, and whi » condemnation “S. The next, and most serious, objec- | ProSsciines min, Cuesting | subdivi tion to the law is that it imposes upon the | iSstssment upon property benetiind, District of Columbia the entire cost of of the total damages | carrying it into effect. D+ added relating to time of the fl ‘ si : ly after ms in any such » have nd provisio made for the paym: wards, a bourd of assessors sh inted to ASSUSS upon any lot of ed in the be ; which the i shall tind to have accrued from such con- iemnation in subdivisions. These rents: should be confined to thos arise from the establishment of the highways, exchud benefits that may be anticipated fr & of the stre from same Inn other parts of the between subdiviston nents the board of as- ing required to give due el of jand, part of which ha b taken for any benefits that may have been de n the the tract, so id a dow ment on the sa The court sha jon to have jury me time in respect of tw visions: the 1 sepiratel, BA authorized swo or in its diser more fil new section should be added, pro- viding for an_assessment im proceedings under section 7 of the original act for the condemnation of land outside of existing subdivisions. by the same This assessment to” be jury that determines the made am~ half of the more, up mages, if the operty which is certainly benefited to that extent. If for any re ages and to inciude at least ¢ inc total award, and it may to the fuil ton the assessment shall fail, the proceed- ing shall fail Proceedings for this purpose to be instituted only when pro- vision is to be made for the immediate ctual opening of the street fils are to be deducted and t made in that view. In calculating th half of the damages which is to be ed, the amounts deducted for should not included. The asses should be based upon the differen tween the full value of the land ts er damages on the ne hand <iucted for benefits on the other. s provision should be ma¢ for no- tice to all persons whose ble to assessment ng there es fixed nt lar lia- uve nent Wh wn ont laid will holding offering proportion s insti- i requir- alue, ny nunc should have donate have « ed for the be to to tu rema nid wit! without is tract to an a l act which pro- submitted to Congre E al to be rep and instead there vision to be for the immediate when confirmed by y the President of rch »proval as to awa din existing subdivisions to t , and if the al of the I withheld vs a abmission to him ed coy awards, then the proce sh ndened. and the owners of the land in the subdivision af- fected thereby shall have the same free use and en r land as zh highw nWays in the division not been down on the m On If the amount arded as damages for y tract of land condemned under the act or any amendment thereof 4o_ be the ed States and the other t 1 rict, For the purpose of raising the money to pay the awards, when contirmed by the court and approved by the Presideni, an sue of District of Columbia bonds bearing per cent interest to be authorized an amount not exceeding $4,000,000, such bonds, except as to the rate of interest, to be similar to the existing 3.65 bonds collections from assessments under the to be a lied to the creation of a s' fund for the redemption of the bond Mr. Mattingly signed the report with the following reservation: “In signing this rep to object to that ommends that one of unsubdivided t I reserve the right portion of it which re f the damages in case should be assessed against adjacem lands benefited. When the owners of such adjacent lands have donated similar highways, I think it un- just that they should be ‘required to pay for condemning the lands of their neigh- bors.” lan > urch Round the Corner. rper's Bazar. One likes to hear stories of Dr. Houghton, and his death revives them ail—those told when his gentle humanity first made the fame of the Little Church Round the Cor- ner, and those in which, as an older man, he played ihe part of the kindly sympa- thizer and counsellor, never too busy 10 listen nor too shocked to hear. But one likes also to get a glimpse of what this man's ideals were. He suggested them once in an address to parish, though he gave them as the purposes and accomplishments of the church r which he had presided for so many years: “As the knowledge of what the Church of the Transfiguration was intended to be, and was ready to be, and was, in the pe sonal ministry of mercy and bless that sin, no degradation, no sickr no sible peril, was or could be a barrier to ministry. The gambling house, the house ot ill repute, the prison house were opened to it. There was no place that shut against it. There was no man or wo- man who he ed to seek it in time of need. And, thanks be to God, during all these forty-and-five years not so much as once has the foot of that personal min- istry from the Church of the Transfigura- tion withheld itself from crossing any threshoki through fear from possible per- sonal peril From the dying it has come out from the gambling place at midnight, and from the house of fll repute at the dawn. And the hand of that ministry, de- spite of warning, in the midst of pestilence, has held the head, as it should, of the pes- tilence-smitten, for the receiving of the body and blood of our Lord.” ‘The astonishing thing to me,” said Bishop Potter, in speaking of Dr. Houghton after his death, “is that, although he had to hear all sorts of troubles and sorrows, and constantly came into contact with the sad side of life, yet he never lost faith in the human race, and always was the same trusting man. These elements explain the secret of his power.” They might explain the secret of many another person’s power were they ofteaer present in life. A Regular Fiend. Little € From 5 no Trom Puck. “Do you like being under the mistletoe?” he asked, tenderly, just after the thirty- ninth kiss. She looked into his eyes and sighed. “AN I have to sa: she murmured, “is that my last dying wish will be to have some of ft Planted on my grave.” Then they re- sumed. ——_ +02 The Count’s Mistake. From the Indianapolis Journal. “Bo Gwendolyn is not to marry the count, after all?” “No, poor man. He tried to tell her that her singing was something that made one glad to live, and his pronunciation was so broken that she thought he said it made one glad to leave. And then she requested him to leave.” fats A Oe oe It matters little what it is that you want —whether a rituation or a servant—a “wait” ad. in The Star will reach the person who can fill your need.