Horace Harmon Lurton

“ The oath which is required to be administered by § 4 of the act of June 6, 1900, under which the court was proceeding, was an oath applicable only to the condemnation of land for an exension of the Columbia road, and the jury were to be sworn to assess the damages and benefits resulting from the extension of that road. Such an otah in the present case, when only benefits were to be assessed for property already taken and paid for, upon another street altogether, was, of course, not applicable. ”

“ The first jury, that which, under the act of March, 1899, assessed both damages and benefits, was, under that act, required to award damages not only for land taken for the extension of the street, but also damages to the remainder of the land by being left high above or below the grade. The then owners of these lots were awarded such grade damages to land not taken, which award has been confirmed and paid. ”

“ The court, in such circumstances, required as it was to follow the procedure of the columbia road statute, was perfectly of the Columbia road statute, was perfectly to the property concerned in this proceeding. True, the oath prescribed by § 4 includes an affirmation that the jury was disinterested and unrelated, and would act without favor or partiality ”