National Republican., 1873-09-18
SEWER CERTIFICATES.
THE QUESTION OF THEIR VALIDITY

Opiuisu. Of Tw. Es.i.sus ,i..wysr--THc
Cersiscstr. E.sirely LEGAL whit. tho
Meaning Of the OrGsssc Ae,-The DIf-
ference Between LEGAL and General
Isprsvemcuts-Thc Sewerage Deb, n
Drst 70 the District. - !. -, d
The Hon. @. Q. Cushing and the Hon. J. ].
Blsck,ex.Attorncy General Of the United States,
have given the following opinion In regard 20
the validity Of the act Of the last Legislature
authorizing the Issue Of certificates for sewer
age
rHs OPINION.
District Of Columbia.
The Legislative Assembly Of the District Of
Columbia, on the aeth Of june, 1873, passed an
inafic drainage and sewerage OF the cities Of
washington and georsetown, The act divides
ne territories Of these two cities into ave sec
Necessary reference TO, the Geographical fea-
tures Of the TERRITORY, In relation specially 70
the land-fail Of the different parts thereof. and
| and which contribute to aud, In certain degree,
oontrel the transmission OF surface water or
sewersae into the great receptacle Of the river
OF those I'VE sections, one Ia naturally com
posed Of the territory Of the city OF Georgetown.
The other four cover the surface of the larger
TO the natural conavurstion OF the land and Inc
several water-courses, particularly the Tiber and
It's branches, James creek. Slash run and Rock
| the sections isrrer than others, with the result
| OF devolving much more OF expenditure on some
sections than on othe.s Thus section three
creek and the Potomac, is naturally separated
from the land to the east OF 1t. and has direct
and near outlet for its drainage esd sewerage
into the Potomac. On the other hand, In the
central, southern and eastern parts OF the ct, J
the connauraiion Of the surface Of the land, tht
remoteness Of most Of Il from ths Potomac, and
subordinaiion Of any system OF drainage ant
sewerage TO the course Of the Tiber and III
aniucnis, exscted the formation Of large sewer
c Tnus II was plain 10 see that u the whole ex
4 pense OF drainage and sewerage was dsfrnye
by general assessment on all properties OF IN
city indiscriminately, the result would be /
9 city requiring. BY reason q ita natural comb
uration, but little cost In this respect 10 pay ft
= the drainage and sewerage Of some other pal
!, Of the city requiring greater cost, and, In N
= same proportion, TO diminish the assessment o
I. the latter sections by which II ought 70 be PAL
Y In othcr Words 70 produce an unequal and unju
: distribution OF tho cost Of drainage aud seWe
Su. the different paris Of the city, ss dem,
y by the inequality Of surface and the wate
" courses, and their relation TO the Potoma
readily resolve themselves into natural section
Z common interest IN the drsinaee and several
Of that section, and the cost Of which constitut
~ ~ Just and common charge upon all the proper
q Of such section, o. WHOLE and as distinct fro
" each OF the other sections
ne These considerations dictated the subdivisi
''- OF the cities Of Georgetown and washingt
into sections, ~ provided by the act In questic
and also indicated the proper measures for I
Apportionment Of the expense a. equltably
possible among the several groups Of proper
In the respective sections according TO the val
In OF the property and its direct interest In la p
YES ticuar and separate suo-system OF drainage a
an sewerage.
on In this view, taking into account the
VALUATION or rAxABLk PR0PkKrr IN EACH 3
au TON,
on, and the cost Of drainage and sewerage in ca