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will be assessed as benefits, and the District of Columbia will ultimately bear no portion of the expense for this improvement.

The length of the road from I street to the District line is about 24 miles, and it is now 66 feet in width throughout this length.

It is proposed in the bill to widen the road in accordance with the street-extension plans, which would require all the widening to come from the east side from H street northward to a point about 1,000 feet above the Mount Olivet road; from thence to the subdivision of Avalon the widening would be done equally on both sides of the road, and from Avalon it would be done on the east side to the north line of the Reform School, from thence equally on each side to the District line.

The Commissioners are much in favor of the widening of this road, as it is one of the principal highways leading from the city to the District line and on into Maryland, and it will, probably, always be a very important highway, and the project has their approval, as will be seen by the following letter: OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,

Washington, January 31, 1906. DEAR SIR: The Commissioners of the District of Columbia have the honor to submit the following on H. R. 5322, Fifty-ninth Congress, first session, "for the widening of the Bladensburg road, and for other purposes,” which you referred to them for examination and report.

A blueprint is inclosed showing in red and yellow the land necessary for the widening of the road as provided for in the bill. The portions shown in red are, it is understood, to be dedicated to the District of Columbia without cost, though such dedication has not yet been made a matter of record. The portions shown in yellow are required to be condemned. If two-thirds of the land necessary for the widening are dedicated, as provided for in the bill, the estimated cost of acquiring the balance is $15,000.

Section 2 of the bill requires that the entire amount awarded as damages shall be assessed as benefits on adjacent property, but contains a proviso that the remaining portion of any parcel of land from which a dedication has been made shall be exempt from assessment for benefits. The Commissioners believe that the fact that dedications have been made should be considered by the jury in assessing benefits, but they do not believe that a provision for exemption should be contained in the bill, as it is possible that tracts from which dedications have been made would be benefited to a greater extent than the value of the land dedicated and the matter as to the extent and distribution of benefits should be left to the jury.

The Commissioners invite attention to the fact that Senate bill 55, Fiftyninth Congress, first session, which is similar to the House bill on which report is now being made, passed the Senate on December 19, 1905, and is now before your committee. The bill as it passed the Senate contains the proviso referred to above. The Commissioners recommend, however, that the proviso be stricken out before the bill is passed, and if this is done they recommend favorable consideration of the bill. 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.

The proviso referred to by the Commissioners in the above letter, exempting from assessment for benefits the remaining portion of any parcel of land from which a dedication has been made, is eliminated in the substitute bill herewith reported by your committee.

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CONGRESS

EXTENSION OF SEVENTH AND FRANKLIN STREETS NE.

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

Mr. BABCOCK, from the Committeee on the District of Columbia,

submitted the following

REPORT.

[To accompany S. 64.)

The Committee on the District of Columbia, to whom was referred the bill (S. 64) for the extension of Seventh street and Franklin street NE., 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 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 Seventh street northeast southward from its present termination near its intersection with Channing street, on a line parallel with the Metropolitan Railroad, to Rhode Island avenue, Sixth street southward to Central avenue, and also Franklin street northeast from Central avenue eastward to the Metropolitan Railroad and westward from its present termination between Fifth and Sixth streets to Fourth street northeast, and also to straighten the western line of Seventh street between Hamlin and Irving streets northeast.

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 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 27, 1905. SENATOR: The Commissioners of the District of Columbia have the honor to submit the following on Senate bill No. 64, Fifty-ninth Congress, first session : “For the extension of Seventh street and Franklin street northeast, and for other purposes,” which you referred to them for report, touching the merits of the bill and the propriety of its passage.

Plats are inclosed showing in red the land proposed to be condemned for the extension proposed in the bill, the estimated cost of which is for Franklin street $13,000, and for Seventh street $5,100, making a total of $18,100. The bill proposes that the entire amount awarded as damages shall be assessed as benefits.

The extension and opening of these streets will give a right of way along the line of Seventh street NE., making a continuous roadway from Michigan avenue to Rhode Island avenue, and will afford the residents of Metropolis View and West Brookland a direct approach to the city. On the line of Franklin street a good connection will be secured between South Brookland and Fourth street, which is now not practicable, owing to the fact that this street is not continuous between those limits,

The Commissioners recommend favorable action on the bill, provided it is amended in the following respects:

Page 1, line 3, strike out the word “twenty" and insert the word “thirty.”

It is believed that the time in which the proceedings are required to be filed should be thirty days instead of twenty.

Strike out the following proviso in lines 18 to 23, page 2:

Provided, That the remaining portion of any parcel of land of any party dedicating shall be exempt from any assessment in respect to the cost of condemning any portion of said streets that may not be dedicated or from any assessment for benefits of the extension of said streets."

This provision directs the exemption from assessment of the remaining part of any land from which any dedication may be made for the proposed extensions. The Commissioners do not believe that it is advisable to make such a provision, for the reason that the benefit to the remaining portion of the land may be greater than the value of the portion dedicated, and they consider it a better policy that the matter of determining the benefits shall be left to the jury.

Strike out all of section 7, page 5, after the word "land" in line 23 and Insert the following: “ by the disbursing officer of the District of Columbia from moneys advanced to him by the Secretary of the Treasury upon requisitions of the Commissioners of said District, as provided by law; and a sufficient sum to pay the amounts of said judgments and awards is hereby appropriated, one half from the revenues of the District of Columbia and the other half out of any moneys in the United States Treasury not otherwise appropriated.”

This provision directs the method of making payments, which is that now followed in street-extension cases, and a letter of explanation regarding it has been sent to your committee. It also provides for the division of the cost of the extension between the United States and the District, which the Commissioners have consistently recommended, but which has not been followed in recent street extension laws.

The cost of grading the streets, if the same were opened, would be $3,500.
An amended bill is inclosed herewith.
Very respectfully,

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

of the District of Columbia. Hon. J. H. GALLINGER, Chairman, Committee on the District of Columbia,

United States Senata
O

CONGRESS

EXTENSION OF TWENTY-THIRD STREET NW. TO

KALORAMA ROAD.

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. 133.]

The Committee on the District of Columbia, to whom was referred the bill ( S. 133) authorizing the extension of Twenty-third street NW. to Kalorama road, 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 Twentythird street northwest from U street to Kalorama road, so as to include so much of lots nine and twenty-four, L. R. Tuttle's subdivision, and lots one and eighteen, block twenty, Kalorama Heights subdivision, as lie between two parallel curved lines fifty feet apart, the easterly of which begins at a point on north line of lot nine, L. R. Tuttle's subdivision, and fifty feet easterly from the northwest corner thereof, and which passes thence in a southeasterly direction on a circular arc with a radius of five hundred and twelve feet, more or less, to a point on the west line of lot twenty-four of said subdivision, and fifty-five feet, more or less, from the southwestern corner of said lot.

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 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, January 17, 1906. SENATOR : The Commissioners of the District of Columbia have the honor to submit the following on Senate bill 133, Fifty-ninth Congress, first session, “Authorizing the joining of Twenty-third street northwest and Kalorama avenue,” which you referred to them for report as to the merits of the bill and the propriety of its passage.

Two plats are inclosed showing the streets to be condemned, one on a small scale, showing the proposed extension and the surrounding streets, and another on a larger scale, showing in red the extension proposed by the bill and in blue lines a substitute line, which the Commissioners recommend in lieu of the straight extension proposed.

The estimated cost of the land to be condemned, according to the line suggested by the Commissioners, is $13,500.

The bill provides that a portion of the amount found to be due as damages for the land taken shall be assessed as benefits on the surrounding property, the amount of such benefits and the distribution thereof to be determined by a jury of condemnation, a proviso being added to the section that if the aggregate amount of the benefits as determined by the jury is less than one-half the amount of damages, the Commissioners may, in their discretion, reject the award and assessment, and in such case the proceeding shall be null and void.

The Commissioners believe the opening of this roadway is meritorious, but as it is a matter purely of local improvement the entire amount of damages should be assessed as benefits on adjacent property. The proposed extension will open a connection between U street and Kalorama road along the line of Twentythird street NW.

In order that the bill may meet the suggestions of the Commissioners, it should be amended as follows:

Amend the title so as to read: “Authorizing the extension of Twenty-third street northwest to Kalorama road."

Amend the first section of the bill so as to read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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, sitting as a district court, by petition, particularly describing the lands to be taken, a proceeding in rem to condemn the land that may be necessary for the extension of Twenty-third street northwest from U street to Kalorama road, so as to include so much of lots 9 and 24, L. R. Tuttle's subdivision, and lots 1 and 18, block 20, Kalorama Heights subdivision, as lie between two parallel curved lines fifty feet apart, the easterly of which begins at a point on north line of lot 9, L. R. Tuttle's subdivision, and fifty feet easterly from the northwest corner thereof, and which passes thence in a southeasterly direction on a circular arc with a radius of 512 feet, more or less, to a point on the west line of lot 24 of said subdivision, and fifty-five feet, more or less, from the southwestern corner of said lot.”

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