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that the citizens of Brookland are willing this should be inserted. As the bill requires the total cost to be assessed on property benefited, wbich would be largely in Brookland, the Commissioners believe this is an additional reason for making the exception.

The Commissioners do not believe that the bill as proposed is in good form. Section 1 of the bill should be amended as follows:

Be it enacted, etc., That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed, within sixty days after the passage of this act, to institute in the supreme court of the District of Columbia, sitting as a district court, by petition, particularly describing the lands to be taken, a proceeding in rem to condemn the lands necessary to extend, with a width of ninety feet, Monroe street northeast from Seventh street northeast to Michigan avenue, formerly the Bunker Hill road." Very respectfully,

HENBY B. F. MACFARLAND,
President of the Board of Commissioners

of the District of Columbia. Hon. J. W. BABCOCK, Chairman of Committee on District of Columbia,

House of Representatives.

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2d Session.

No. 5472.

EXTENSION OF HOWARD STREET, COLUMBIA

HEIGHTS.

DECEMBER 14, 1906.-Referred to the House Calendar and ordered to be printed.

Mr. BABCOCK, from the Committee on the District of Columbia, sub

mitted the following

REPORT.

[To accompany H. R. 14815.)

The Committee on the District of Columbia, to whom was referred the bill (H. R. 14815) for the extension of Harvard street, Columbia Heights, District of Columbia, report the same back to the House with the recommendation that it do pass when amended as follows.

Strike out all after the enacting clause and insert in lieu thereof the following:

That, under and in accordance with the provisions of sections four hundred and ninety-one a to four hundred and ninety-one n, both inclusive, of subchapter one of chapter fifteen of the Code of Law for the District of Columbia, within sixty days after the passage of this act the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in the supreme court of the District of Columbia a proceeding in rem to condemn the land that may be necessary for the extension of Harvard street, Columbia Heights, in a straight line, with a width of sixty feet more or less, to Sixteenth street northwest upon such lines as the Commissioners of the District of Columbia may deem most advantageous to the abutting property.

SEC. 2. That assessments shall be made by the jury as benefits, as contemplated in sction four hundred and ninety-one g of the subchapter of the Code hereinbefore referred to: Provided, That the total amount found to be due and awarded as damages, plus the cost and expenses of the proceedings, shall be assessed by the said jury as benefits.

SEC. 3. That the sum of three hundred dollars, or so much thereof as may be necessary, is hereby appropriated, out of the revenues of the District of Columbia, to provide the necessary funds for the costs and expenses of the condemnation proceedings taken pursuant hereto, to be repaid to the District of Columbia from the assessment for benefits when the same are collected, and a sufficient sum to pay the amounts of all judgments and awards is hereby appropriated out of the revenues of the District of Columbia,

The amendment recommended by your committee in the nature of a substitute is for the purpose of bringing the proposed legislation in harmony with sections 491a to 491n of the Code of Law for the District of Columbia, these sections regulating proceedings for the condemnation of lands for streets,

As this improvement is considered to be of advantage mainly to that immediate section of the city, provision has been made in section 2 of the substitute so that the property benefited will be assessed to cover the amount awarded as damages for land taken, as well as for the costs and expenses of the condemnation proceedings—which entire amount will be returned to the District revenues, as it will be assessed as benefits and the District of Columbia will ultimately bear no portion of the expense of this improvement.

This measure has the approval of the Commissioners of the District of Columbia, as will be seen by the following letter: OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,

Washington, March 7, 1906. DEAR SIR: The Commissioners of the District of Columbia have the honor to submit the following on H. R. 14815, Fifty-ninth Congress, first session, “ For the extension of Harvard street, Columbia Heights, District of Columbia,” which you referred to them for examination and report:

The bill provides for the extension of Harvard street from its present western terminus to Sixteenth street, and a plat is inclosed showing in green the land proposed to be acquired. On account of the fact that the property lying to the west of Fourteenth street was owned by different persons, the streets in this subdivision running west from Fourteenth street were only dedicated as far as the holdings extended—that is, not so as to connect with a street on the west. Harvard street ends now about 150 feet east of Fifteenth street. This bill proposes to extend the street to Sixteenth street. The amount of land necessary to be taken for this extension would be 20,129 square feet, the estimated cost of which is $27,000. If the street were extended, however, only to Fifteenth street, the estimated cost would be about $12,000.

The extension is of local benefit mainly, especially as far as Fifteenth street, and the entire cost should therefore be borne by the surrounding property. While the extension of the street to Sixteenth street would affect beneficially a larger amount of property, the necessity for this part of the extension is not believed sufficient to justify the expenditure at public expense at this time. If the legislation is enacted so as to require the surrounding property to bear the cost, the extension is a desirable one and can be made much more cheaply at this time than at a subsequent time on account of the increasing value of land in the neighborhood and the possibility that the lots be built upon.

The bill provides for the extension in a straight line from the present Harvard street with a width of 60 feet. A slight change is made in the width up to Fifteenth street, in order to follow the southerly lot line of lot 11 shown on the plat. It is believed that the expense would be no greater to acquire the whole of this lot than it would be to acquire the greater portion of it, leaving a small portion unavailable for building purposes, and it would give the adjacent lot a better frontage for building purposes.

Euclid street, lying a short distance to the south of Harvard street, was opened under an act of Congress passed last session. Only half of the cost of this extension was assessed against the surrounding property. The case of extending Harvard street can be distinguished from that of opening Euclid street, as the benefit is more local. When Euclid street was opened there were few cross streets between Fourteenth and Sixteenth streets, and the opening of Euclid street gave the most convenient means of access between Fourteenth and Sixteenth streets, not only to surrounding property, but also to the general public. While the extension of Harvard street would also be of advantage in this respect, the nearness of Columbia road takes away from the necessity of opening another cross street at this point for the purposes of the general public.

The bill is not in good form, and the Commissioners inclose a substitute which they recommend be enacted. Very respectfully,

HENRY B. F. MACFARLAND,
President of the Board of Commissioners

of the District of Columbia. Hon. J. W. BABCOCK, Chairman Committee on the District of Columbia,

House of Representatives,

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CONGRESS

EXTENSION OF FOURTH STREET NE.

DECEMBER 14, 1906.-Referred to the House Calendar and ordered to be printed.

Mr. BABCOCK, from the Committee on the District of Columbia, sub

mitted the following

REPORT.

[To accompany H. R. 14900.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 14900) to extend Fourth, Sixth, and other streets, NE., report the same back to the House with the recommendation that it do pass when amended as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That, under and in accordance with the provisions of sections four hundred and ninety-one a to four hundred and ninety-one n, both inclusive, of subchapter one of chapter fifteen of the Code of Law for the District of Columbia, within thirty days after the passage of this act the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in tue supreme court of the District of Columbia a proceeding in rem to condemn the land that may be necessary for the extension of Fourth street northeast northward from its present termination near Franklin street extended, through the Frederick Rose tract to Hamlin street extended.

SEC. 2. That assessments shall be made by the jury as benefits as contemplated in section four hundred and ninety-one g of the subchapter of the Code hereinbefore referred to: Provided, That the total amount found to be due and awarded as damages, plus the cost and expenses of the proceedings, shall be assessed by the said jury as benefits : And provided further, That the jury, in their assessments of damages and benefits, shall consider the circumstances and conditions under which an alleged dedication was made through what was known as the Frederick Rose property, being parts of lots eight and nine, Metropolis View, and shall further consider the fact that certain improvements were made by the District of Columbia because of the alleged dedication through said property, and shall also consider the benefits to said property by reason of said improvements.

Sec. 3. That the sum of three hundred dollars, or so much thereof as may be necessary, is hereby appropriated, out of the revenues of the District of Columbia, to provide the necessary funds for the costs and expenses of the condemnation proceedings taken pursuant hereto, to be repaid to the District of Columbia from the assessment for benefits when the same are collected; and a sufficient sum to pay the amounts of all judgments and awards is hereby appropriated out of the revenues of the District of Columbia. Amend the title so as to read : “To extend Fourth street northeast.”

The amendment recommended by your committee in the nature of a substitute is for the purpose of bringing the proposed legislation in harmony with sections 491a to 491n of the Code of Law for the District of Columbia, these sections regulating proceedings for the condemnation of lands for streets.

As this improvement is considered to be of advantage mainly to that immediate section of the city, provision has been made in section 2 of the substitute so that the property benefited will be assessed to cover the amount awarded as damages for land taken, as well as for the costs and expenses of the condemnation proceedings—which entire amount will be returned to the District revenues, as it will be assessed as benefits and the District of Columbia will ultimately bear no portion of the expense for this improvement.

This measure has the approval of the Commissioners of the District of Columbia, as will be seen by the following letter:

OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,

Washington, March 10, 1906. DEAR SIR: The Commissioners of the District of Columbia have the honor to submit the following on H. R. 14900, Fifty-ninth Congress, first session, “to extend Fourth, Sixth, and other streets, NE.," which you referred to them for report touching the merits of the bill and the propriety of its passage.

The bill proposes to extend Fourth, Sixth, and other streets, NE. A plat is inclosed showing these proposed extensions in red. The Commissioners have already reported on House bills 11025, 10130, and 10131, Fifty-ninth Congress, first session, providing for the extension of the other streets mentioned in this bill except Fourth, and they believe that it would be better to confine this House measure to the extension of Fourth street. The object of the various bills above referred to and the one now being reported upon is to extend certain streets throughout the subdivision known as Metropolis View," lying between Lincoln road and Seventh street and Central and Michigan avenues NE.

The extensions of Sixth and Seventh streets, provided for in said bills, were reported upon favorably by the Commissioners. The reason the Commissioners recommend that the extension of Fourth street be treated independently of the other streets is that there are special circumstances in connection with this street that do not affect the others.

In February, 1888, a petition was presented to the Commissioners requesting the opening of Fourth street NE., from Brentwood road to Bunker Hill road (now Michigan avenue), which includes the portion of Fourth street referred to in this bill. In this petition it was agreed by the property owners that the land should be dedicated through their respective properties providing the grading was done by the District. Plans and estimates for this grading were forwarded to Congress and an appropriation of $7.500 was made on July 1, 1888, and an appropriation of $10,000 on March 2, 1889, for the improvement of the street.

Among the names which appeared on the petition was that of Frederick Rose, who owned a tract of land abutting on both sides of the proposed street, as shown in red lines on the blue print, which is inclosed herewith. Mr. Rose frequently appeared at the office of the Commissioners during the progress of the work of grading and other features connected therewith, and at his request the grade of the street was slightly changed. After the money had been practically expended, Mr. Rose disavowed the signing of his name to the petition, claiming that it had been signed by a party other than himself, and he brought suit to have the dedication set aside. The claim was made just at the time when the Catholic University was to be formally opened, and the Eckington and Soldiers' Home Railroad Company, which had a charter to lay its tracks along Fourth street to Bunker Hill road (now Michigan avenue), paid Mr. Rose $2,000 for a right of way through his tract. They did this rather thin wait the delay of a suit and lose the traffic to the Catholic University which they might thereby gain.

The above facts were reported to Congress at the request of Senator McMillan, then chairman of the Senate Committee on the District, under date of January 9, 1899.

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