Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-03-26

the execution Of public improvements sny loses
that may be allowed ordinarily must he
boz ne ey me e,nsen, without compensation.
OF the law a. enunctsted by the courts general
ly and by the Supreme Court OF The Cpite.,
Of ssss S ~ I sess Of Smith W. CITY
lstive Assembly by an act entitled san n nro-
y.ding for the payment OF damages Sustained
by rssson OF public Improvements OF rePslrs,"
providing for the assessment and payment Of
special damages which might result IRON the
execution Of improvements, - viii be found by
reference 10 the act approved June -, 1872, FIRST
session second Legislative Assembly, page i6.
THIS act authorizes the Board OF Public Works
on written application, TO sssess special dam.
ages, and TO make report % the Legislative
Assembly, and this act has been fully and faith
| fully carried out.
sssond Specttooiioa The Board Of Pubic
s.eans. nave not refused to credit any propcisy
| OF improvements On the contrary they have
directed atparties be credited wit.l sny prom
eTtS mat might es 80 used no, ee.onxns % the
| made by the board will be found an item 4.
line) for the credit Of such material and for is
deduction rom the bills or assessments Ger
uhcates have not been issued without crefii,ns
the material when credit has been properly
claimed, or when IL has appeared 20 the board
that parties were entitled 90 10.
Tktrd SpeoifoanOa--The board has not issuet
Gel bhcstee bearing interest, and hypothecatei
them before the completion Of improvements
fOHrA pcofodfi An regard 20 the foarth
specification the board have used the bsSt nav
ing biick TO be obtained in the market in this or
other cities, and have only taken up pavements
where il was rendered necessary By a change OF
grade.
In most instances the old material taken M
wasDot worth the cost OF removing. and in no
case has there been any substitution OF material
OF any inferior quality. The following notinca-
ZION, published In the daily papers OF June %.
ls72 illustrates the acton OF the board in regard
- the matter:
BOARD OF PUBLIC WORKS
"WAsHIseroN, June Is, la,
"Sotce = hereby given 20 per- ops sning
proveneuts that they are authorized aud re-
crested 20 remove such old curb fcotwaISs or
cutters a. may be in front OF the premises
owned by them, proyid d such articles be re-
moved Without delay ing the improvements
"ALEx. k. SRKfRERD, Wee Pre- adsnt"
W nen this notice was not complied v tn ere
board have been compelled 10 remove such Cd
material and store Il IN their property yards. A
vast amount Of this description of rubbish "a
now on hand, and vii not Ply TIE cost OF re-
moval.
Ia Speoifcafson.-The Board of pphbc
Works have In all Instances been CONSISTS nj in
their improvements, adapting the step1 and
fence. to the class OF property Improved. Il is
not deemed necessary TO put before inferior
houses expensive step. and iron fences but 30
adapt the enumeration 10 tue class OF i'm
proyements already existing. The assessment
made Tor stone steps and iron fences have been
made directly upon the property thus improved
and all inferior styles OF improvements have
been assessed In proportion 20 their actual CO.
placed.
.Sixth Specifod ycn.-It is true that the hoard
has included the wages OF general and special
superintendents appointed by IL q part OF the
cost o. the Improvement, and has included such
wages In the ements. A proper execution
OF the work OF the board, or Of rhe improve
men-s, reqrirod the appointment of superin-
tendents; and as their employment was neces-
sal m the execution Of the work, their paw
ment constituted nece ,sAry part Of the cost Of
the improvements. Such charges are cust nm
sry ana are sustained by well established prac-
tee IS well by adjpdic ltion by the courts
Sererh .speoit eation-rhe board has chare-t
the cost o. improvements made In front of
churches and school houses and other properly
exempt by law, to the property in the line OF
The improvement on which the exempted prop
not against property remote from the exempted
property. The bosrd could not act Otherwise
ia view of the fact that Congress on the 18th
June, 1870, exempted church and school pmn-
eTty from teNat on, (l6 u. 3. statutes at large
page 1885, and in view OF the fact slso that by
tue organic act one third the cot Of the TN
pfovementsis required TO be made upon tue
property adjoining and specially benen..cd. In
he outset the opinion o. the Attorney OF the
District was taken uron this subject and the
board acted IN conformity with his adv ce
R'ghh SpecifootioR.-It IS true that 20 come
extent the board has ma lie improvements ada
cent TO the property Of citizens without con.
sulting their wishes and trstes. Yet in a. tn
proyements which have been made the boz d
has fully endeavor, ID 20 promote the ints..
ests Of citlzers. Ii world be difficult, 90 not tn
Ocable, for mem beers OF the DO ard, as officers of
the United States, 10 perform Their duties 80
they were quir d IN every case Z. t,nsalt the
auently Improvements have been ms ie in &C
coTdaDce with petitions or letters rec eyed .om
citizens, and the hoard he's eDdeavored, 80 far
rs II could, with due regard for the interests
of the public, - accommodate the shes of ne
Ninn Spec,faaii ut lie true that the board
nues, ana that - -ome extent It's may have
temporarily interfered with the business or
property of citizens; but this has at AL times
been the inevitable result, and always will be,
OF the execution OF improvement Tne l.eht
20 change grades without compensation % ehe
citizers has been Ially and cle,.ly decided IN
the case heretofore refer red TO. But, as here
before stated, the legislature provided for COM
peDsation in The cases OF special damages, and
that act has been faith, ully carried out.
FIFTH CHARGK.-rhe authorities Of the Dis
trict Of Columbia, including the Board Of Pub
Tic Works, deny that they have i'm posed bur
densome taxes and special assessments upon the
people OF said District They further deny that
they have made spy needless or prodigsi ex-
pendituree 10 The amount ~ stated IN said
charge. Reference lie made TO the answer
charge, giving in detail appropriations made
epd assessments authorized by the Legislative
Assembly Of the District Of Columbia. That the
Fort and maintenance of proper government
10 not TO be considered q needless and prodisAl
expenditure, nor Is the Improvement Of the
BY Inference 10 the Governors answer, pages
% and q, IL will be seen that the total debt OF
the late corporation when the new government
came into existence was IS ,J20 $500, and that
the present debt lie 81 $50, 1s9 81, showing that
'he present government a. paid of Al q 436 81.
A reference TO page "a Of the same document
will show that the bonded debt OF the District
is but e5, 81 $50. Reference to the same report
will show that large proportion Of the assess
meDts levied have been paid In securities Of the
improvements against which they were issued.
This same document also shows that the assets
nom general taxation are sun cient 10 meet the
current expepses Of the District government
when collected IL alec shows that the property
taxed IL but as per cent. Of the whole. the
balance either being owned by the Unit
States government or being especially exempted
by the United States laws.
sixth CHAEsE.-It lie untrue that the Board
Of Pubic Works has, without public nos .ce,
and privately, arbitrarily, capriciously aud un-
reasonably departed from the scale of prices
fixed originally by IL for work, TO the great loes
and injury Of the District of Columbia and .ae
government of the United States. On the con-
uary, only such notifications or departure
have taken place as seemed proper for the fair
and prompt execution Of the work commenced
by the board.
The reason for adopting the plans which we're
established by the board have already been
stated In ite answer 70 the first charge referred
to which 10 hereby made as part OF this answer;
and these reasons apply tosall the contracts Tor