59TH CONGRESS, HOUSE OF REPRESENTATIVES. 2d Session.

EXTENSION OF MERIDIAN PLACE NW.

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

Mr. BABCOCK, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany S. 2260.]

The Committee on the District of Columbia, to whom was referred the bill (S. 2260) authorizing the extension of Meridian place NW., 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 the supreme court of the District of Columbia a proceeding in rem to condemn the land that may be necessary for the extension of Meridian place northwest from its present terminus east of Center street, Mount Pleasant, to Fourteenth street northwest, with a width of fifty feet.

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.

SEC. 3. That the sum of six 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 for the Senate bill 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 land 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 addressed to Senator Gallinger:

OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,

Washington, December 28, 1905. SENATOR: The Commissioners of the District of Columbia have the honor to submit the following on Senate bill 2260, Fifty-ninth Congress, first session, "Authorizing the extension of Meridian place northwest," which you referred to them for report touching the merits of the bill and the propriety of its passage.

A plat is inclosed showing in red the land proposed to be condemned, the estimated cost of which is $13,500.

The extension proposed would be of considerable benefit to the public, as it would give connection from Fourteenth to Sixteenth street, where the car line of the Capital Traction Company will shortly be extended. The particular benefit, however, will be to the adjacent property, and this is recognized in the bill, which requires that the entire amount found as damages shall be assessed by the jury as benefits on adjacent property. The bill follows the usual form of street-extension laws, but attention is invited to typographical errors in line 2, page 2, and line 10, page 4, where the word avenue" should be stricken out and the word "street inserted.

Very respectfully,

Hon. J. H. GALLINGER,

66

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

EXTENSION OF W AND ADAMS STREETS NW.

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

Mr. BABCOCK, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany S. 5119.]

The Committee on the District of Columbia, to whom was referred the bill (S. 5119) authorizing the extension of W and Adams streets NW., 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 W and Adams streets northwest east to North Capitol street; W street to be eighty feet and Adams street to be ninety feet wide.

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.

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

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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.

There were two bills reported favorably to the Senate during the first session of the present Congress, both proposing "to extend W and Adams streets northwest east to North Capitol street; W street to be eighty feet and Adams street to be ninety feet wide." Senate bill 2098 provided for the extension of the two streets in the usual form in which streets have been extended by law in the District of Columbia for several years past, and provided, as does the substitute herewith reported, that the total amount awarded for lands taken should be assessed as benefits upon property that would be benefited in that locality. The Commissioners reported favorably upon this measure, as will be seen by their letter below, dated January 15, 1906. Senate bill 5119, as passed by the Senate on June 29, 1906, provided for the purchase of the land necessary to extend the streets for a stated sum-$5,000-and for the assessment of this sum by the jury on adjacent property benefited, exempting the lands of the Prospect Hill Cemetery from the area of assessment. The Commissioners in reporting on this bill, as will be seen in their letter below, dated April 6, 1906, did not recommend the passage of the measure in that form:

OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,

Washington, January 15, 1906.

SIR: The Commissioners of the District of Columbia have the honor to submit the following on Senate bill 2098, Fifty-ninth Congress, first session, "Authorizing the extension of Second street northwest north to Trumbull street and W street westward to Second street northwest" which you referred to them for examination and report.

It is proposed in the bill to extend Second street from Elm street to Bryant street, with a width of 90 feet, and W street from its present terminus just west of Flagler place to the proposed extension of Second street, as shown in red on the inclosed plat. If this extension is made, a further smaller extension of the existing W street west of the proposed extension of Second street should also be made. This smaller extension is shown in yellow on the plat.

The proposed extensions are of considerable local importance, as they will eliminate existing culs-de-sac at W street east and Adams street west of First street and V street west of Second street. The western portions of V and W streets are not in continuation of those streets east of Second street.

The estimated cost of the extensions proposed is, for land, $28,000, and for improvements, consisting of houses, $8,000, or a total of $36,000.

Section 2 of the bill provides that the entire amount paid as damages shall be assessed as benefits on adjacent property. The cost of grading in order to make a physical connection to the streets will be merely nominal. This is not provided for in the bill.

The Commissioners invite attention to the fact that what was formerly known as Trumbull street is now known as Bryant street under the new system of street names.

In order to amend the bill to provide for the extension of W street west of Second street the following changes will be necessary in the wording: Change the title so as to read as follows:

"Authorizing the extension of Second street northwest from Elm street north to Bryant street; of W street from its present terminus west of Flagler place to Second street, and of W street west of Second street eastwardly to Second street."

Strike out lines 7, 8, 9, page 1 of the bill, and insert in lieu thereof the following: "northwest from Elm street, northward to Bryant street, with a width of