Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-02-23

= - nate. paid by the United States; and being
thus appointed, 10 them is committed the
cont rcI and repair of the streets. 1t would be
as much a trespess to interfere with their
prescribel duties as with those of any other
agents of the United States But IL
il proposed to hold this government respOn-
sible for the negligence of the Board of Pub
lie Works created by Congress,
over which the people of this District have
no more control than the people of neigh
boring state. This is running the doctrine of
imputed ms so far into the ground that l am
unwilling To follow it."-OpitOa Of Nj. Jus
tice O3iP.
Here is the precise question decided. How
can an action be maintained against this
District for liability created by your agents
over whom we had no more control than the
people of the state of Maryland had? The
District legislature could aid the board by
appropriations, but it could in no way inter
fere with its control of the streets; IL could
create a debt or make appropriations within
certain limits to provide funds for this board,
but il could not prevent the board from paw,
ing all the streets with most costly material
or do any other thing. Congress alone could
control this. Where, then, did authority
come from, and TO whom did the BOARD look
in improving streets with authority only to
levy TAX for third the cost upon the prop
erty bel Gifted? will let the joint inyesti-
eating committee OF last Congress answer.
They say: ~ our committee are able to see
but one way in which the board could have
expected TO pay This large debt: that il by
receiving ala from Congress, as II must have
occurred TO them that the resources OF the
District could not be taxed sufficiently To
pay them. Page IL
But did this board reckon without its host?
Had they right to look TO Congress? Was
their action uDpreCeiented? Upon tins point
i cite from the opinion OF Hon. L. Cushing,
pages 40, lIG of report of Joint Investigating
Committee. 1t states the whole case. hope
members viii read it entire. / can only sum
Marie il. The question was submitted to
Mr.. Cushing whether the board could go on
increasing liabilities in the face of the act of
January 5, 1873, prohibiting it unless apprO-
pTiatiOus were previously made. Mr.. CuSh-
ing held that the act of March, ;, 1873, repealed
this re friction, and left the matter TO come
up as deficiencies. He showed how impOJSi-
bic it would be for the board to delay work
devOlved upon them by paving half street
and leaving the other half unpaved, or half
laying a sewer, and the like. He discussed
the double relation of agent OF the District
and agent of the United States conferred upon
the board, and advised that 1T was competent
for il to do the very thing which ultimately
brought disaster and created the very liabili-
ties | now insist are not ours, but yours. /
refer to this to show that this board were not
acting beyond the color OF authority.
We come 10 the practical question, what is
to be done about il? How much OF this liabil-
ity must the United States assume? L say
the United States should at least assume the
entire 3-t5 loan, as a matter OF law, OF equity
and of necessity. 1t is not impossible to
make an exact division of the District and
government liabilities; but no just division
of the expenditures of the last three years,
upon the theory have advanced of the gov
eminent liability for all acts of the board not
autIofiZeu DN the legislative assembly can
be made which will not require the United
States to pay at least Sl0,0OO,Ge0 This may
not be an agreeable view to Congress, but it
is the true view. and must be taken sooner or
later. 1t is your work; your agents did il;
you stood by and encouraged it, 1t Will not
DO to turn now and cast the burden upon the
oppressed people of this District.
This leads me to present finally the argu-
ment Of necessity. There is point beyond
which people sometimes cannot 90 and cam
not be driven. The citizens OF this District
have arrived at that point now. They can
and Will pay reasonable tax upon their
property. but they cannot and Will not do
more You may seize and cOnfscate; or you
may become possessed of their property by
sale under the marshal's hammer, but you
cannot enforce tax large enough to support
this District government in all its branches
and provide for the payment of all liabilities
existing here. If our property were assessed
to-day, excluding the usual exempt class, the
cash value would not reach SI5,000,O0O. 1t
has been inflated to ninety odd millions; but
times are changed; real property is greatly
depressed, and has scarcely any sale. Aside
from real estate we have but little property
or business from which revenue can be de-
rived and, compared with most other cities,
really nothing. All attempts heretofore to
assess personal estate have been delusive
and disappointing, and have scarcely paid
the cost of collection. Assuming that our
real property could be justly assessed to 500
OC0OCO, we have a basis of calculation which
is the most favorable, The Commissioners
for the District estimate the necessary ex-
penseS for the ensuing year, (See MiScel-
laneOus Documents, No. 40, House of Repre-
SentativeS, second session Forty third Con-
gress) S2,555,S00. This is exclusive of the in
tereSt on the 800 bonds and exclusive of n
sinking fund 10 retire the whole debt. Add
these two items, and we have (eStimated
$4,000; total revenue required, S3,jOj,S00
To raise this by tax upon our property
would require US TO pay four dollars upon
every hundred, and this cannot be paid by
our people under the circumstances. The
extraordinary tax of three per cent, levied
by act OF June 20, 1874, when the Commits
SiOneTs made their report TO Congress, (page
So was delinquent 10 the amount of
II ,CO1 ,2lG.0i; and on the prior levy of two
per cent. under the legislature (estimated)
$4,000; on other levies. S150.0O,0, making
total of delinquent tax: -, 251 .2l604. TO
this must be added special taxes against
private property, uncOllected, S3,1I6, 4Ji-3I.
Which makes still to- be paid by our citizens.
and which hangs over all the property, the
Mr.. Chapman closed with an earnest APP
peal TO Congress TO legislate i'll fair spirit
FOR the District.
OTHER VIEWS.
Mr.. Randall said early in the session he
had. referring to the Presidents message.
said the President was in errO., and that the
dent OF the District was over twenty mill
lions. He would now show that on the iSt of
December, the date of the Presidents fig
uTes; and perhaps those of the delegate from
the District, the DEBT was SD .4S6, 4Sil1. He
then proceeded TO quote from the report Of the
Commissioners 10 sustain this view of the
debt. he wanted TO see the Commissioners
months Longer, believing it the only way TO
bring the District out Of the burdens isIOn-
estly imposed by the late Board of Public
Works. He was willing to extend the aid OF
the government. but ne wanted first TO see
that II was honestly expended. Applause
IN tine gallery, which was promptly checked
by the Speaker, pro tenn, Mr. q. +. HOar.I
Mr.. Chapman said the applause was q re-
Spouse TO the gentleman's eXpreSsioni in favor
OF government aid.
Mr. Rahdall.-NOur property Will be con-
hSCated il we do not.
Mr.. Chapman defended the members of the
late board, and said the Investigations had
shown nothing deTOgatOry 10 their personal
character. Leaned counsel had given the
opinion that they had the right to borrow
money on the anticipation of the private
assessments TO become due. Congress, he
said. hed never exercised an intelligent con-
troll OF the District, and il was now under
deSpOtiSn.
Mr.. Merriam said the people of the District
lacked the pluck and courage of selfrelianee
and self-support.
Mr.. Eldredge said it mattered not much
now what the Board OF Public Works had
done. The question now was. how much the
people OF the District should be taxed 10 assist
Congress IN managing tle affairs Of the Dis
trict.
HOW MUCH SHALL HE TAX BE?
Mr.. Fort advocated q graded tax and