ESTABLISHMENT OF A NATIONAL BOTANIC GARDEN. 43 



December 1. 1919. 

 Hon. Carl E. Mapes, 



Chairman Committee on the District of Columbia. 



House of Representatives. 



Sir : The Commissioners of the District of Columbia have the honor to submit 

 the following on H. R. 10206. Sixty-sixth Congress, first session, entitled 

 "A bill for the extension of Maryland Avenue east of Fifteenth Street to the 

 Anacostia River." which you referred to them for report. 



The object of the bill is to authorize the Commissioners of the District of 

 Columbia to institute condemnation proceedings for the extension of Maryland 

 Avenue east of Fifteenth Street to the Anacostia River in accordance with the 

 highway plan, and it provides that one-half of the entire amount found to be 

 due and awarded by the jury as damages, plus the costs and expenses of the 

 proceedings, shall be assessed as benefits. 



A plat is inclosed showing in red the proposed extern ion. The proposed high- 

 way, as laid down on the highway plan, has a width of 160 feet. The amount 

 of land involved in the condemnation proceedings is about 750,000 feet, and the 

 estimated cost is approximately .$50,000. • 



There is a general law authorizing the commissioners to institute coudemna- 

 tion proceedings for the opening of streets in accordance with the highway 

 plan (U. S. Stat., vol. 37. p. 950). which provides that the entire cost of ac- 

 quiring the nece sary land, plus the costs of the proceedings, shall be assessed 

 as benefits. This general legislation, so far as it affects streets of a normal 

 width — that is, 90 feet or less — is believed to be in accord with sound public 

 policy, for, as a rule, property in the vicinity of such a new street is benefited 

 by an amount equal to or in excess of the cost of opening the street. 



However, in the case of very wide avenues, such as Maryland Avenue, the 

 cot is in general out of proportion to the local benefits, and the commissioners 

 believe it would be only equitable that the community as a whole should bear 

 part of the cost. 



The advisability of opening Maryland Avenue east of Fifteenth Street to the 

 Anacostia River has been considered by the commissioners a number of times, 

 but they have each time reached the conclusion that such action would be in- 

 equitable and unjustifiable under the general law, which would place the en- 

 tire burden upon the property through which the avenue is to run. This bill 

 provides that an amount equal to one-half of the cost of the land and pro- 

 ceedings shall be assessed as benefits. This proportion is believed to be ap- 

 proximately fair, but on the assumption that in the opening of a 90-foot street, 

 which is the usual width of a street laid down on the highway plan, the en- 

 tire cost should be assessed as benefits, a more equitable proportion would be 

 to assess as benefit nine-sixteenths instead of one-half of the entire co t. 



The proposed bill does not authorize the appropriation of funds that would 

 be needed to pay the damages, costs, and expenses of the condemnation pro- 

 ceedings. The commis ioners. therefore, recommend that the bill be amended 

 by adding a new section, to read as follows: 



•• Sec. 2. That an amount sufficient to pay the necessary costs and expenses 

 of the condemnation proceedings taken pursuant hereto, and for the payment 

 of the amount awarded as damages, is hereby authorized, payable out of the 

 revenues of the District of Columbia." 



If amended as indicated above, the commissioners are of the opinion that the 

 proposed legislation is highly desirable, as Maryland Avenue is one of the main 

 avenues radiating from the Capitol and when improved will afford a direct 

 route from the Capitol to Anacostia Park, which is being rapidly developed. 

 Very respectfully, 



The Board of Commissioners of the District of Columbia. 



I will state, further, that on the 17th of December the Washington 

 Railway & Electric Co. filed, in writing-, a request that they be 

 allowed to be heard on this bill before any action was taken by the 

 committee. I think in April, or possibly the first of this month, the 

 committee granted them a hearing before the full Committee on the 

 District of Columbia, and the hearing was held on Wednesday of 

 this week. At that hearing it was developed by the testimony of the 



