The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-05-23

Improvement shall be TN dddttlon
ITO any that may be assessed upon
"the real property of such villdge by
"virtue ofth provisions ofthis act"
The word city is here omitted,
and it seems to me the omission is
very significant.
By the reading of this section in
connection with the second and
fourth, it appears perfectly clear,
that the real property ofall uiilages
situated within tho prescribed linn
its Of any road improvement under
the provisions of this act, is to be
assessed for the construction of the
same.
And reading the three sections
in the light of the fact that the
word "city" is omitted, in that part
of section nine most material to
the solution of the question under
consideration, docs it not also ap-
pear, that the real property of cities
are excluded from assessment, ex-
cept through their corporate au.
thorities, at the request OF the Coun.
ty Commissioners, although lying
within two miles of the contemplat-
ed Improvement
Besides, great injustice, and Sc
we're oppression would result from
including the real estate of cities in
the assessmentfor the improvement
of roads under this act.
Most ofthe cities of the State are
the centres of busines for their re-
spective counties, to which most, if
not all the State and county roads
converge. Should proceedings be
instituted under this act, to improve
them all, or even majority Of them,
Gas we'll might, and no doubt will
happen, the result must follow that
cities will have. a burden of taxa
ton imposed upon the real estate
within their corporate limits, i'm
possible to be borno. Such results,
in the absence Of clear and positive
provisions of law, courts will not
by mere construction, impute to
legislative intention.
Again: The well settled rules of
construction require us to give to
doubtful, ambiguous and apparent
ly contradictory, terms or clauses
of a statute, that Interpretation
which will give force and effect to
all its provisions, and secure har-
mony and consistency to the entire
act. Moreover, whenever two or
more statutes have been passed by
the same Legislature upon the same
subject matter, courts will always
look to tho provisions of the one to
aid in ascertaining the meaning of
the other. The act of March 20
and April Is, were passed by the
Same legislature; they were pend
ing at the same time, and both be-
came laws within sixteen days of
each other. Both are on the sub
ject of roads and highways. The
Act of April Is clearly provides
that the lands TO be assessed for the
constr uction of a free turnpike, are
those which lie within one mile OF
the road, on both sides, and within
lines drawn at right angles with
the termini.
The act of March 20, being OBJ.
scure and doubtful in the terms en-
ployed in this behalf, the rules of
construction authorize us, for the
reasons stated, to assist their mean
ing by looking to the Act of April
Is.
Applying then, to this Act of
March 20, the rules of construction
stated, and recollccting the results
which must follow any other in
depreciation, l give it as my opin'
ion that tho real estate Of the city
of Lancaster, although lying within
two miles of the contemplated road
improvement, is not to be assessed
for the construction of the same;
and that its holders of real estate
need not, therefore, appear among
your petitioners.
1t is proper for me to state, how.
ever, that in this opinion / am not
entirely clear; nor is it my first i'm
pressions of the law.
may add, also, that / have con-
suited with NJ A. Daugherty, Esq,
who concurs with me in the view
of the subject submitted.
Here this. matter might well,
and perhaps ought to closej but |
beg 10 submit few words on the
practical effects Of proceeding un-
der this Act of March 20, for the
end proposed.
The improvement ofyour road
in the manner contemplated will
cost, I am informed, about $40, 900.
This estimated cost must be appor-
toned by the viewers to be appoint
ed, upon the lands for two miles on
each side OF the road between it's
termini, according to the benefits
to be derived therefrom, to the
lands or their owners. Of course,
all lands bounded by the road will
have apportioned to them heavier
proportion than those remote from
the road; and as the lands lie fur.
ther and further from the road, and
the benefits to be derived diminish,
the proportion assigned to each
tract will diminish Also, Now, es-
timating the length Of the improve.
ment at twelve miles, the assess
ment made for its construction
will be apportioned to 48 sections
or 0,720 acres of land.
Estimating these lands TO be val
ued for the purposes of taxation
| at S35 90 per acre, (Which sup
.o,o ;a ,,orhona halow their az craze