New-York daily tribune., 1845-12-24
Assessments in The City of New-York-Ths
Late Important Decision.

Assessments in The City of Newly ork-The
Late Important Decision.
To the Editor Of The Tribune
Much notice has been taken Of recen, decision
of Judge EDxoSDs OF the Circuit Court, in the
suit OF Doughty IS. Hope, upon the Law concerning
Assessments and as the subiec, is q very interest;
ing one and is not generally understood, propose
to give you a brief history OF the Law;
Before the year 1890, the Aldermen and Assist.
ants met together in one Board TO do the business
OF the City The meetings were held in the eve
ming and were continued 10 very late hour OF the
night; and ii was the common practice Of many OF
the Members during the reading of Petitions, Re
ports, Resolutions. sc. 10 leave their seats and
gather around the fire for conversation, and it was
at such opportunities that designing members OF the
Common Council often presented reports and go,
resolutions passed involving large expenditures OF
money for improvements $50 called which ought
never 10 have been made. and which The owners
never heard of until they were called on 10 psy the
assessment. And as the law then stood every thing
resolved on az one Of these meetings acted up
on bv the executive officers during the succeeding
week. The consequences became so serious that
many owners OF real estate began 10 raise clamor
for the total repeal Of the improvement or assess.
who received the money taken from them by virtue
of this tvranuical assessment law. met them al the
polls and voted down the candidates whom they
hoped 10 place ia office for the better protection OF
the public interests.
4 call was al length made for Convention TO
frame amendments to the City Charter. and The re-
suit the passage of the act OF 1880 by the State
Legislature whereby the plan OF government agreed
upon by the Convention became law One pro.
vision OF this new charter compelled the Corporation
10 publish every report and resolution offered 10
either Board, by which assessment was TO be
laid on private property before final action should
be had upon il, And. in the address published by
the Convention they declare that this was done TO
prevent hasty legislation, and TO give those con-
cerned an opportunity OF opposing It The same
law also provides that on such reports and resolu-
tons the yeas and nays shall be called and pub,
shed. SO that the members OF the Common Council
might be compelled TO vote, and might be held re-
sponsible separately to their constituents. These
wise provisions, devised by the Convention and
passed into law by the Legislature have been
dead letter ever since for the Common Council, re-
sardless OF all complaints OF abuses, have gone on
as they did before, and call upon courts OF JUS
tce 10 support them in their Illegal acts and 10 grant
them aid in trampling still farther upon the rights OF
individuals.
One provision OF the law is that for every i'm.
provement an estimate OF the expense thereof sha!
first be made. so that no project shall be entered
be guide 10 our City Legislators in their farther
action upon the matter as well as 10 give informa
ton TO those who must pay the reckoning; and 10
guard the latter from fraud and imposition they are
10 be assessed and the money is to be collected from
them before the work is commenced or contracted
for By this means, each individual is made ac-
ouainted with his share of the expense and can form
an opinion for himself whether the Improvement
shall be made and the expense incurred, or not
Remember, that these improvements are not under
taken for the public generally otherwise the pubic
ought, In justice 10 pay Tor them but the idea always
held ont is, that the Improvement ia made Tor the
benefit of those who are assessed. Now certainly
no individual ought 10 be compelled TO improve MS
property for the qualification OF the taste or caprice
of men in Office for otherwise one can be the aoso
lutte owner of his own property lfany other person
or power can compel me 10 lay out on my land more
than is worth las lsvery frequently done that kihu
of property is not worth having.
There is safety for every Individual in the above
provisions of law, but if they are 10 be laid aside
whenever the Common Council think proper, the
consequences will be ruinous TO every Individual
who happens to be owner of few acres OF tlllaole
land on this island Judge Edmondss decision In
the above mentioned case establishes this law, LOT
in that case it had been violated.
Ii is a remarkable fact that this course OF proce-
dure has been persevered in by the Common Coun-
Gil Notwithstanding their attention has been several
times called TO its illegality by members who per
/ ceiyed Wnal tne consequences "ouu oo Wv
member of the board now judicial offcer) moved O
resolution to observe the law which was passed but
disregarded by the executive officers. Subsequent
ly another member, now distinguished advocate
at our bar offered similar resolution, but was re-
iected.
If the City authorities are be justified in dsre
garding the laws which from time to time enact
ed TO regulate them every kind of abuse will creep
in as many have already. Favorites get fat Jobs
unnecessary work is laid for the purpose OF Civ.
ing employment to partsans-and even members OF
the Common Council are not exempt from the sus,
pcion of being participa,ors in the profits derived
from these very contracts.
1t behooves then every citizen to see that our City
Legislators keep strictly within the letter OF the law,
and act according to it. And if the consequence
that follows their violation of the law be tax upon
the citizens generally every payer ought to use
prudent diligence in selecting discreet and honest
men to represent him in the City Council, as was
done in years long since.