National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-08
DISTRICT INVESTIGATION


DRAINAGE III f6lcFcQc6 10 tuc NAElOuo k0ORTdp1l-
cal locations or positions of the District, so
that no one section could be charged for any
thing except as 1t was benefited By the drain
age Of that section.
o. You requested, then, this Mr.. Oertly to
prepare for you division of the District &C
cording TO its topography A. Yes, sir.
@. Was that the only basis upon which you
made that bin A. The paper furnished me
by Mr.. Oertly was the basis upon which pre-
pared the bill.
Q. Had nobody else spoken about any such
districting before you or to youl A. have al
ready said that the question was considered
from time to time by the Governor, by some
members Of the Legislature, and by members
of the Board of Public Works.
Q. Then others had spoken of how the Dis
trict ought to be divided, had theyl A. Others
had spoken of how It should be divided, and
had said distinctly that l thought there was
but one mode in which the bill could be passed
so as to render It valid, and so think now.
Q. Do you mean to say that the only way
that it could be passed to render It valid was
to make this precise division that you dido A.
| No, sir; but that the division must be with
reference to the topography of the District, and
that it would not be proper with reference to
the organic act to charge one section for drain
| age that was of no benefit to II, but that each
distinctive section must be charged for the
drainage with reference to the actual advan-
tages which the drainage gave to that actual
locality.
Q. That was your legal opinion that you had
givenl A. have it here, in part.
@. Well, that, I understand you, was your
legal opinionl A. Yes, sir.
Q. Now. want to know If, in pursuance of
that legal opinion of yours, Mr.. Oertly went to
work to make up this divisionl A. requested
him to do so. Whether others requested him
to do so or not cannot tell.
@. Do you not know that that division sub
/ .~u.- 10 L., he
bill, had been agreed upon in the private con-
versations before Mr. 0srtly ever went to work!
A. do not know, because l was not present
| at all these conversations.
O. Did you never hear of such divisionsl A.
Suggested divisions In reference to the topog-
raphy have heard of, The minute divisions
furnished me by Mr.. oertly l had never heard
| of.
Q. Was that Mr. Oertly's own mere work, as
an engineer, or was he carrying out the wishes
of others in making that divisionl Did you
understand thatl A. What understood, per-
haps, would not properly be evidence.
Q. We will hear III A. If you will, I will
| furn III 1t. 1 understood from others that
there was general concurrence in reference to
the idea Of how that drainage should be com
pleted.
Q. A general concurrence among whom. A.
Among the officials of the District.
Q. Do you mean by that to include the men,
bers of the Legislature also7 A. So far as l
had any conversation with them on the sub
ject.
Q. You have spoken of your legal opinion.
1t was your legal opinion, was it, that it was
| right to tax people on Capitol Hill whose prop
erty was on the slope toward the eastern branch
with the cost of drainage into the Tiber; that
was your legal opinion was itl A. My legal
opinion was this. That the various sections
benefited by any particular line or system of
drainage should be charged with the cost of
| that system.
Q. And in the execution of that you thought
1t proper to make q district that included all
that part of the city which is drained into the
Anacostial A. did not make It.
Q. You did not make it, A. No, sir; it was
made by Mr.. Oertly and in the engineers
| office.
Q. And approved by you, was 1t notl A. 1t
was not improved by mo.
@. l say approvedl A. neither approved
nor disapproved It, but took the materials as
| furnished and incorporated it into bill.
Q. 1t was also your legal opinion that under
the organic act II was entirely right In leyytng
sewer taxes to charge property by the foot in
stead of according to its value. That was also
your legal opinion, was 1t not! A. am not,
up to this hour, aware that ever rendered any
such opinion.
Q. What is your opinioni A. My opinion is
that it may be legal or it may not. The best
Q. Taking yourself as an authority, you are
an expert in the law. What is your own judg
mcnt upon III A. claim to be somewhat of
an expert as regards the organic act, and the
duties of the Board of Public Works in the |
District.
Q. We would like to have the benefit of your
knowledge and experience, then. Tell me why |
it Is that it is provided that without any respect
to the value Of the property, the sewer taxes
shall be levied according to the square tooti
A. Because the system of sewerage IS regarded |
as one of general benefit, and 1t is Of the same
benefit precisely to one class of property as
another. It drains of the accumulated filth of
this District in more perfect manner than4
otherwise can be done, and without reference
to the value of the property, but to the tset OF
the existence OF the property.
@. Your legal opinion then Is that the tax
should be levied according to the area Of the
property, and not with reference TO the value!
A. So think, because the property is equally
benefited, whatever may be its actual value,
by drainage. |
Q. Can you not conceive that drainage tax
might amount to the entire value Of the fee
simple of a property. on that basisi A. can
conceive that, and can conceive
Q. Can you not conceive of cases, and do
you not know of cases in this District, in which
this drainage tax is equal to the half of the fee
simple value of the property A. l do not
know of any such cases. My Imagination can
swing out and take in an immense amount OF
value that may be right or wrong.
Q. But you say that you do not know Of any
such casesi A. do not. That is, outside OF
the range of a lawyer. That belongs TO the
engineering department.
Q. But when lawyer Is framing bill upon
so great q subject, If he is to do exact and
equal justice and comply with the organic act,
is 1t not very well for him to let his imagina-
ton swing out little and see what are the
possibilities A. No, sir; think he should
check-rein his Imagination as far as possible
and deal with solid facts.
@. Well then 1 will let you pull upf A. That
Is Just where desire to COUP.
Mr.. Stewart. In the second section here you
divided it into districts substantially as 1t Is In
the lawi A. Yes, sir.
Q. You have charged three and one-half
mills per square foot in all the districts,
charged them all alikel A. Yes, sir.
Q. That was your original draft A. That
was the original draft.
Q. In what process Of the perfection OF this
bill did you change so that they charged more
on one district than in anotherl A. That was
done by the committee of the Legislature.
Q. Do you know at whose suggestion it was
done-how that happened 10 be donei A. It
was done, too, without any knowledge what
ever on my part, nor did know Of the fact
until the bill was reported from the committee
on drainage.
@. Do you know at whose suggestion ID was
donei A. do not. have the honor to sub
met brief upon this point rendered by myself;
Opinion Of william A. Cook, Attorney District of
COLUMBIA, in relation to the old governments Of
the District and the present government, their
contracts, debts, tGrss, &C., &C.
ATTORNEYS OFFICE, DISTRICT OF CoLUMBIA,
,WAsHINGfoN, June 10, lSa.
Hon; Peter Campbell, Speaker Of ths Houss or Dele
SIR: have the honor to acknowledge the re-
ceipt Of q resolution passed by the House Of Dele
gates on tho Path ultimo, In which my opinion Is
solicited In reference TO several important Ques-
tions.~ They are these:
FIRST. Whether II Is competent for the Legfsla-
ture to authorize work contracted for under the
old governments TO be paid for otherwise than as
provided In the contracts or two thirds to re paid
out OF the funds Of the District and ona third BY
the persons owning the PROPERTY benefited BY the
work, as provided In the thlrtyseventh section Of
the organic act?
Second. Whether, whom work was authorized
by the old governments, but not contracted for or
ordered. and has since been done under orders
and Arrangements with the Board Of Public
Works, the cost should be assessed and collected
under the present or according to the old lewf
Third. Whether taxes for the payment Of debts
Of the old corporations can be assessed and col
lected part Of the taxes Of the present govern
ment, or whether special taxes must Be levied for
Fourth. what Is the line OF distinction in gen.
Aae. A.. Al H. nR h.