The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-08-28
Grading and Damages.

Ill
The city reader has been no doubt inter
csted In the opinion Of the City Attorney,
Mr.. PACE. upon the subject Of the ob'tsation
OF the city to pay damages sustained ny rea'
estate by regarding the street on winch II hes.
He makes it very clear that the corporation
"a under no legal obligation to indemnify
apv citizen so sufIering--that the right OF tue
CITY TO improve Is own property Is Clear
and the right involves duty, which is con-
tinuous. and which must be performed from
time 10 time MS public interest and Decessit!
NAV demand. The cases cited include nus
burgfs and Bostou-~rery good examples In
the premises; and one Of the eases snVo''ea
an altered grade of seventeen feet lthe exact
depth which the city engineer estimated Tor
the c.It mt the intersection Of Main ana fHtii
streets); another, Of church, had TO DC re-
built
The argument and the examples clearly
place the matter of grading streets amongst
the highest powers of municipal authority,
the dignity of it being equal to the indispen-
sable necessity of giving to the public high
WAYS grades that will adapt them to the easy
transition Of commerce and the facliltatloh
OF social intercourse.
As a matter of principle, we cannot see
that the Council has any more right to pay
damages amounting TO thousands than it has
to nav them when only involving hundreds
Of dollars, as In the case upon which Mr..
PAsg's opinion is given or that it may pay
for rebuilding q church sooner than the
poor mans cottage thrown down by new
grade.
A question of equity between the city and
citizen may be supposed in which the loss
incurred might properly be shared hy the
city; but as general question we think 1t
more than probable that the enhancement OF
the value Of real estate lying upon re-
graded street more than covers the loss sus-
tanned by the regarding. Still Il corporation
may, under peculiar circumstances, do what
ever it deems proper in an equitable view OF
questions raised
A point brought out by the City Attorney
is one which this paper has impressed upon its
=,
"yield to the public good, and the sacrifice
ais but part of that price which men pay
"for the social condition" This is sound
doctrine, universally recognized and acted
upon.
The public mind in Richmond is much be-
hind the times, and has to be educated to the
requirements which are soon to be present
ed by the growth of the city and the de-
mands of the public welfare. The corpora
ton is not the public enemy, to be set upon
and burthened as though it followed a dis
reputable calling. 1t is engaged in promoting
the security and comfort Of the community
and facilitating the city's growth and pros
perity. 1t is not to be hampered and Grip
pied at every turn in manner to disable it
in the prosecution of its eminent obligations.
1t is not incumbent upon it to abstain from
the performance of its duties because some
people consider it liable for fancied personal
injuries, constituting claims so enormous as
to become an intolerablc burthen upon the
public treasury. That is not the case in other
cities, and it cannot become so here.
1t would be well, through Il committee, to
institute further inquiries into customs and
usages in other cities on this grading qics-
ton. We ought to be governed by the most
civil and just modes pursued in municipal
government. There may be Just middle
line to be observed; but that the general
welfare-the public interest-mlst succumb
20 the will of few people occupying posi-
ton which requires Improvement we con-
slider entirely out of the question. But Rich
mond will soon understand these things bet
Ter