National Republican. (Washington City (D.C.)) 1872-1888, 1874-03-21
INVESTIGATION,
Continued from Fret Psge.l

propriety and validity It ie believed wesS Laay
considered by the members OF the LeglMatuit
prior to its passage. 1t has been vlnmcsteo ~
the opinion obtained from the Hon. Caieo Cusn.
Ing and the Hon. Jermiah 8. black, 70 % found
on pages 471-4T of the Governors answer
act of the Legislature, section l, 10 taxed sever
mills per square foot; section No. 9, IL mills
lection No 3, mills; section No. 20 mills; sec
tion No. s, 90 mills; which assessment 10 based
upon the actual cost of draining these particu
lar sections. It will also be seen that the dif
ferent rates were fxed by the Legislature, and
appear in the act referred to; and that this aci
the section Of the organic act allowing special
taxes for special local improvements. They
are q follows:
The Hon. C. C. Cushing and the Hon J. 3:
Black, ex-Attorney General OF the Unteq
States, have given the following opinion IN re
gard to the validity of the act Of the last Legs
fsture authorizing the issue Of certihcases Ion
sewerage: ...r.---r.r
THE OPINION. .,--
In the matter of special taxes ior seWerage-
District of Columbia.
The I,eeislatiye Assembly Of the District Of
Columbia on the 26th of June, 1879, passed an
act making provision for the complete and sys-
tematic drainage and sewerage Of the cities Of
Washington and Georgetown. Tho act divides
lions, the limits Of which are defined by, or
have necessary reference to, the typographical
features of the Territory, in relation specially
to the land fall of the different parts thereof,
and to the water courses by which It Is ira
versed, and which contribute to and, in . GER
tain degree, control the transmission Of surface
water or sewerage into the great receptacle, the
river Potomac.
OF those Eve sections, one Is naturally COM
~ L. 49, ho rffxv of
town. The other four cover the surface Of the
larger territory of the city of Washington.
Here, owing to the natural confguration of
the land and the several water-courses, par
ticularly the Tiber and its branches, James
creek, Slash run, and Rock creek, 1t was found
necessary to make some of the sections larger
than others, with the result of deyolving much
more of expenditure on some sections than on
others. Thus section three, bounded BY 4
street, Nineteenth street, Rock creek and the
Potomac, is naturally separated from the land
to the east Of It, and has . direct and near
outlet for its drainage and sewerage into the
Potomac. On the other hand, In the central,
southern and eastern parts Of the city, the
confRurakion of the surface of the land, the
remoteness of most of 1t from the Potomac,
and In Q large part of Il the necessary or con-
venient subordination of any system of DRAIN
age and sewerage to the course of the Isber
and its affluents, enacted the formation Of large
sewerage sections and heavier expense In the
construction of the sewers.
Thus It was plain to see that II the whole
expense of drainage and sewerage was betrayed
by general assessment on all properties Of the
city indiscriminately, the result would be to
the city, requiring, by reason Of It's natural
confgurktion, but little cost IN this respect to
pay for the drainage and sewerage Of some
other part of the city requiring greater cost,
and, in the same proportion, to diminish the
assessment on the latter sections, by which It
ought to be paid in other words, to produce
an unequal and unjust distribution Of the cost
Of drainage and sewerage.
But the different parts of the city, as defined
by the inequality Of surface and the water
courses, and their relation to the Potomac,
readily resolve themselves into natural sec
lions, the aggregate property In which has
direct and common interest in the drainage
and sewerage of that section, and the cost Of
which constitutes q just and common charge
upon all the property of such section, as Q
whole. and as distinct from each of the other
sections.
These considerations dictated the subdivision
of the cities of Georgetown and Washington
into sections, as provided by the act in question,
and also indicated by the proper measures for
the apportionment of the expenses as equitably
as possible among the several groups OF prop
vai,e Of The prone,tr and lie direct jnterest =,
its nsrt;cnisr and senarate snh. svstem of drain
ape and SEWERAGE.
In tb;, view tak,no into account the
VALUATION OF TAXABLE PROPERTY IN EACH
SECTION,
and the cost of drainage and sewerage In each,
the act proceeds to assess the cost on property
as follows:
No. 1. mills s40.eS6 o.
No. Q, II mills 2I6'977 n
No. 8, mills 1875 ~
No. 4, 20 mills 353,932 OF
No. S, 20 mills 1.662.O4 as
And IN order tn accommodate the .s.e..oa
,,rors-.r -hnids-s tha .ssas~nsn,s a., 1890 800
nayable In 6ys em,Inssfs q annual inst.n
mems commerS - 49, Of Jn,v Is1s
the ART instsliment Ia AZ Maid within th;,t,
dav. sft.r notice N the comnietior of IN wnrI
ON a nsrt;enjar section and tbe a.sessment
thereof. md the second third. fourth. and fifth
instaIIments within onc. two tbrre and So,,r
vesrs res-ect;veiv fo,n fbs S.,a of s,,ch .,ott".
Thees arranerments. In resneet A. veil NJ
sntsrss,s5 ss ~ rssr ~pP 10 ne prsytIa
al tn nronerty- hoI iers sssess.d ses11 10 bare
s>..r !.r,ra.tsd ~. s,,,,,,.s ~.;; s.s ~ n"se
NJ 1.ons1ess ~ W.rcr 1sse roa,,I.t,a ne ~ 49,
ea,I.o.te,, - -. -, SS. s.o
NE limit of the .,tv of Ws.b,nptnSy @sa.
TTp,tAd States Iewe vol 10 N a0l AnStho
nrov,sions ~ .ha .o, ~ cnr,ars =. ~. IA
IT,, go. =. a. Ct. y. y. s-s,-s. ~ ~
la nv. Su9Ss - sue 'ln'e W ~ orii'2nce Oh the
1aiy VI aenlng.on.
IN eYlence Oh Inc Inoeptedness OF the prop
ery-noiuers tne same - 70 Dc eernned rom
.lme 70 Iime, sna 70 conssltuIe men upon the
psopy ssseeeeu, WIN m.siSst ~ tne rae OF
.en per cen.. Per snnum, anc me noloer OF any
sIGa Geruncate Lay cause tne properly on
Mhicn u Is chalgeo 70 oe 500 IN case Oh oenn-
9Sency, As N lns Gase Oh oennquen oeIeffea
p.yneh.s secuIeu ~ uu1 ceeos On esles OF
PfpaN properly Va tne Uslnct.
put tae wolk 70 DC gone ana tne meteriais
.DS a. sappnea Iequle 70 De Para ior q once,
avg II Delay is TO De Accorded 70 the assessed
holders, Il becomes necessary either
InAs .ne Nstnct snail incur deot 70 RAISE the
,noney needed, or tnat the oeots OF the In |
aeDteo property holders shall be represented |
IN some form OF document BY means OF which |
me money may be obtained without expendi-
lure Oh the FUNDS OF the District, and without |
imposing any Indebtedness on the District.
10 accomplish this object, It is further en-
acted by the act OF Assembly in question that /
Inc board OF fuDhc works may issue certiA-
cates OF tne indeptedness OF the property-hold-
sIs ior work zone ana 70 De zone, not exceeding
tne s1 ,a eaa,sea pnss.e properly,
oe ea in'er s =. Sne ts'e Oh Gym Pet cent.
$500 ama &c a. iI S,, aa ans INSTALL
mems Sua ~. psou ~ INC h ,yd. uei na pay
spectiye DRAMAS nd se,a,sso sac,t,,. w ~ .h