The sun., 1873-04-25
A REApY-mApn LEGAL oP1SroS.

WAsHISGrON, ID. C., April -, ls1B.
our opinion IL requested az 10 the legality ot
the proposed issue, under the sanction of the
Legislative Assembly. Of certificates of the
board ~ Public Works, payable In from one
Uer ceutum interest, TO be used 10y the boar
In paying for work done upon special improve
ments Of the District 10 he secured hv the
pledge Of the Commissioners of the sinking
Fund Of the assessments made 10y the board,
under aut horiIy OF Congress, against private
property benefited by such improvements, and
To be receivable In pay ment of such assessments
and the certificates issued hepon:
In connection with the issue OF these certin-
Gates. Z Is proposed that the time for the pay
ment Of the asse 'sments against private proper
Is shall be extended, and their payment requir-
ed IN four annual inStalments.
We have no doubt a. TO the legality Of the
proposed issue OF certificates. The hoard OF
Public W".ks by the organic act, enacted by
ConFr".s, February n, 1871 IL authorized to dis
bur~e ali moneys appropriated by the District
ers," for the Improvement Of streets. avenues,
ALLEYS, and sewers, and IN assess upon the pro-
perry adjoining and to be especially benefited
by the improvements authorized 10y law and
made by thenl, reasonable proportion Of the
cost Of the Improvement not exceeding one
th rd Of such cost, which sum shall De collected
a. all other taxes are collected
AN ACCOMMODATING BOARD.
Acting under this authority oi Congress and
that oi the Legislative AsseInbv the board
have made extensive improvements; one-third
of the cost " the which ia chargeable upon
Icslsaiyc Assembly Of Aug 10, lsii no no asses as e
ment can toe made upon any private property
uutll the special Improvement u completed, ana
d statement of the cost thereof prepared by the
board as tho basis of assessment.
The legislation ~ Congress- and Of the District
talkon together, therefore, ure> upposc the doing
Of the work by the board before The assessment
and collection of one-thrd Of the cost from
private property. And 10y the act Of August 10
II the owner does not pay the assessment against
ms property, az the expiration of thirty DAYS
after notice, certificate Is to bo Issued which
D. not collie lCctablc 10y sale Of the property until
the eNnlTutiuu oi one year, and IL IA now pro-
posed that this term shah be changed, 50 that
the payment shall lie made in annual Install
meut- extending over Ave years,
During iul TINS period the board which has
performed one-thrd ia work as the representa-
tive of the property owner, will rumain without
vision "a made as that contemplated In the pro-
posed issue Of certificates,
MAKING IT All RIgur.
Under these clTcumrtuncee II h entirely COM
petout for the Legislative assembly to authorize
the board TO issue Interest bearing certificates
OF iudoht odnVss for work done tu the amount Of
the assessments made against the private prop
erty holders, such CortihCltps of dVbteducss
being Issued In anticipation and secured by tha
IlrdEe ui those assessments, which are also
Interest bearing. and will produce ample means
for the redemption ~ the certificates. This is "A
legal, natural, and unobJoctOnube method Of
obViating Inconvenience which will result To
individuals and the public IL either the work il
compelled 10 pay their assessments as whole
and on such short time as to make their
burdens oppressive,
These certificates Of indebtedness thus issued
by the board are, In fact, the indebtedness of
the individual property holders, converted into
negotiable form by the Board Of Public Works,
IN cUeri Tor the convenien'' and relief of those
Individual property holuers assessed aud in
dehted
They are not debt on the Dletriot OF Coum.