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The opening of this street is not at present a matter of great public necessity, as the through traffic coming from Brookland to the city now passes largely down Lincoln road and North Capitol street. The opening would, however, be of considerable local importance, and as Metropolis View builds up this importance will increase. On these grounds the opening is desirable, provided the entire expense is borne by the adjacent property. As to the equities of the case and the matter of assessing benefits, the Commissioners invite attention to the foregoing history of the street and the fact that all the other land necessary for its opening, except where it passes through the Rose tract, was dedicated, and it is also questionable whether the land through the Rose tract was not also dedicated.

If it were possible to assess the entire cost of opening through the Rose tract and the expense of the condemnation proceedings on this tract, the Commissioners believe that in justice this should be done, but having their doubts as to the constitutionality of such a proceeding, they believe the matter of assessing the benefits should be left entirely to the jury, and they therefore recomniend that the provision contained at the end of section 2 of the bill, providing for exemption from assessment, be stricken out. They forward herewith an amended bill striking out the reference to Sixth street and other streets and containing also other amendments as to form, which they recommend be substituted for the bill upon which report is being made. They recommend the passage of this substitute bill. Very respectfully,

HENRY 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.

The proviso referred to by the Commissioners in the above letter, exempting from assessments for benefits the remaining portion of any parcel of land from which a dedication has been made, is eliminated in the substitute bill as reported by your committee. Your committee has, however, provided in section 2 that the jury in their as. sessments of damages and benefits shall consider the circumstances and conditions under which the alleged dedication was made of parts of lots 8 and 9, Metropolis View, and the fact that certain improvements were made by the District of Columbia because of the alleged dedication, and also shall consider the benefits to said property by reason of said improvements.

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CONGRESS

OPENING OF MACOMB STREET 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 H. R. 20069.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 20069) for the opening of Macomb street NW., 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 laud that may be necessary for the opening of Macomb, formerly Milwaukee, street from the east boundary line of Cleveland Heights subdivision to the west boundary line of Cleveland Park, according to the permanent system of highway plans adopted in and for the District of Columbia.

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,

HR-59-2-Vol 1-6

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, June 19, 1906. DEAR SIR: The Commissioners of the District of Columbia have the honor to submit the following on House bill 20069, Fifty-ninth Congress, first session, “For the opening of Macomb street NW., District of Columbia,” which you referred to them for report touching the merits of the bill and the propriety of its passage.

Two maps are inclosed. One shows in detail the land to be taken and the other, on a smaller scale, the full length of the street, with surrounding property, subdivided and unsubdivided. The object of the bill is to condemn the land necessary to connect Macomb street in Cleveland Park with Macomb street in Cleveland Heights, a distance of about 700 feet, which would result in making a continuous street from Connecticut avenue to Wisconsin avenue, 4,200 feet long, 3,500 feet of which has already been dedicated. This will provide a direct connection between the two avenues with a maximum grade of 5 per cent, and this for a short distance only. The amount of land to be taken is about 1.4 acres, the estimated value of which is about $6,000. The extension and opening of this street will be of great benefit to the property in this section, as portions already dedicated have been graded and improved. The Commissioners recommend favorable action on the bill. Very respectfully,

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

WIDENING OF BLADENSBURG ROAD, ETC.

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 S. 55.)

The Committee on the District of Columbia, to whom was referred the bill (S. 55) for the widening of Bladensburg road, and for other purposes, 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 dedication to the District of Columbia of two-thirds of the land necessary for the widening of the Bladensburg road in the District of Columbia from H or Boundary street to the District of Columbia line, according to the street-extension plans of said District, 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 to complete the widening of said road to a width of ninety feet between the limits named.

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

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