Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-10-14
- ~ ANnR1A GAZETTE AND VIRGINIA ADVERTISER.

Surveyor before the completion of the work
on Columbus street, rs it is impossible for me to
tell how long it will be before the contractors
complete their rtrsct, and it is import mt for
the City Surveyor 10 be OF the work superln-
tending 1t, and giving the grade ard other lines
for setting culb and paving the cutters, for
With service he is entitled 20 three dollars or
day and two dollars for assistance when he needs
II, and he is the Judge when he needs assistance.
our RESPECTFULLY, JNo. B. SHOOT,
President, Board oi Public Works.
1t will be observed from The letter which has
ust beer read that the amount paid the City
Surveyor for services on Columbus street is
$751; %, and from the best information [ can
obtain | am OF the opinion that this officer will
yet be entitled to some $3.50 before that street
is completed making the whole amount paid
the City Surveyor Tor services on eight squares
over S33O.OO, or more Mun one fourth Of the
entire amount collected from the ward in which
the improvement lies. At this rate the City
Surveyor is about the only person in the com
munity who will be materially benefited by
the Act to form Board OF Public Works, y
and uecessltatcS, in my humble Judgment u
careful revision and amendment OF the act.
But to recur to the bill we are specially
called upon to consider, argue that it is CON
trary to the expressed provisions OF the charter
of the city and the constitution of the State.
! When the original act was before the City
| COuocll, |, In common with others, voted Tor
its adoption, notwithstanding my objection to
some OF its features, because it was late in the
sessou-the Board of Aldermen being about
to adjourn sine die and any amendment would
have killed the BILL which | was anxious to
avoid, being warm advocate CT improvement
and progress, aud relying on the tenth section
of the bill, which required the Board Of Public
W orks To report amendments after practical
test of the act. But more careful cxauina-
ton of the original act and the several amend
ments which have from time to time been
brought to my attention, have fully convinced
me. and opiue 1t will be apparent to every
member Of this Board that the act is sadly de
hcient in many respects, and needs and should
| receive Wholesome amendments.
The first section of the act and to which the
bill under Consideration specially applies, is I'M
constitutional 1t imposes tax of twelve cents
on the hundrcd dollars worth Of real estate
and exempls personal property. This the City
Council has no power to enforce. 1t further
SETS apart the amount collected to the credit Of
what Is Known as the Improvement! Fund
This Is also, IN my opinion, 10 coLflct with the
charter, but being unwilling to force my views
of constitutional law upon the City Council,
addressed note to Col. Charles +. Stuart, the
law officer of the CITY, and received III reply the
following:
| ALEXANDRIA. Oct 9th 1874.
| George r. Shina, Esq President Of The COM
mon Co"uaU Of Atsramlria.
| DEAR SIR:-I respectfully submit the follow
| ing III answer to the iEau rieS contained in your
note 10 me of the Ind
First. HAS the City Council the Lower to pay
taxes upon real estate without evyng CORES
| ponding tax on personal property"
| Answer h. Council is clearly cor fined to
an equal and Uniform rte by the lst Section o.
the Tenth, (NJ Article Of the Constitution which
declares that-'Tayation except Is herein after
| provided whether, imposed by the .State, County
| or Corporation battles shall b. quail ana uniform
and all property both real and personal shs Il be
taxed IN proportion to It's valuct to be asccrtalted
US prescribed by Law
Therefore us the Constitution controls abto-
utcly the Charter and the Council, in making
any levy rs provided Tor in the 10th and 18th
Section ofthe Charter, personal and real pro.
| perty must be taxed in proportion to value.
Second Has the City Council the power to
| levy II tax upon rea! estate r persona. property
! or both tor the special urp"se ofimprovlng any
particular street streets or should not all taxes
| be levied collected and paid into the General
| fund and appropriated from that fund for such
purposes rs the Council may elect.
hnSwer-The 10th Section of the Charter pro-
vides for an estimate of MI sums which may be-
come lawfully chargeable Oh the city which
| ought to be paid within one year. Of course As
| the Council have almost absolute power in refer
| ence to the paving, repairing and grading streets
| they may in their estimate inciud" the prOba
Bile cost of repairing certain streets but the taxes
collected under such levy should lass into the
general fund and in any event would be under
the control of the Council-to be applied Cor he
improvements of such streets As the Councl!
shall determine.
Believing l have answered your inquiries
fully. am yours iruy,
CHARLES Y. STUART,
Corporation Attorney.
1t will thus be seen that the Corporation
Attorney, the highest legal authority we can
consult, and whose opinions are clear and
poiuted, expressly states that the City Council
does not possess the power to do that which
the bill undcr consideration proposes; and as
the bill is drawn in conformity to the Act to
form Board Of Public Works, " it follows that
the act itself, or at least 50 much OF it as pro-
vides for TAX of twelve cents % the hundred
dollars worth Of real estate, is 10 cOuHlct with
the charter and constitution, and 10 order to
cuable us to properly amend the act 50 as 10
make it effective, move to lay the pending
bill on the table.
\ communication was received from residents
and property owners on ST. Asaph street pro.
testing against the change Of the grade OF that
street.
Mr. Eichberg would like to know by what
authority the Committee Oh Streets raised the
grade Of St. Asaph street.
Mr. Hughes replied the act establishing
grade of St. Asaph street
Mr. RishielI explained that 90 the 18th Of
April the following resolution was adopted:
RssolceA, That the Superintendent of Police
be and is hereby instructed to cause the curb
stone set, gutter paved and the carriage way
gravcled on the east side of st. Asaph street he
tween Queen and Wytbe streets, if the Wash,
ington and Alexandria Rail Road Company will
fur i:h the necessary gravel. The burb and
material for paying the utter to be iurnishedioy
the property owners.
Aud that on the 2Sth Of July, 1874 the fol-
lowing act was passed:
"Be it enacted" That the red line or lines A.
b. rs shown in the profile be ana the same ar
hereby fixed and established rs the grade Of st.
Asaph street ncrthward to First street.
Mr.. Shinn doubted whether the improve
mcpt Of any street could be made without oc-
casoDiDg some COMPLAINT but the complaint az