Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-05-25

FOR IMPROVEMENTS.
resolution was passed by the Senate
April 10th directing the District Commits
sioners to communicate to the Senate the
amount of certificates of indebtedness COM
snce OF the acts OF the legislative assembly
OF the District and OF Congress; also, the
amount Of assessments made by virtue OF
fificafes s of indebtedness; the amount OF such
assessments collected and the amount out
standing unpaid, IL any, and the reasons
whether or not any legislation is necessary.
OPINION OF THE ATTORNEY FOR THE Dis
TRICT.
the Attorney for the District, who. under
date of May 4th, returned the same with his
opinion, in which he states that section 81,
&c &c, OF GGngress sPPT0ved foT fpa ~ ~
Columbia, provided that the late board OF
public works assess upon the property ad-
Joining and TO be especially benefited by the
proportion OF the cost, not exceeding one
third of such cost, to be collected as all other
tax taxes are collected An act 81 the legis,s
the mode of asse- Jment for special improve
mentJ, referred to in said act of congress.
wofR a statement OF the cost be prepared by
the board of public works, and an assess
ment made; that within ten days after, the
siV re11ri1e 10 he amopnt 10 be paiS
within thirty days; that in default OF pay
ment the board should issue certificates OF
seseeI Gazing len Ser cent interest so sueh
certificates to be lien on the property, en-
fJrcible by sale OF the property at the end of
he l9s ssae 1 ,h se
TO right of redemption) should receive q
good and perfect title to the property by
deed from the District authorities. These GER
ti1cates wereissued upon particular pieces of
property upon default in payment of the
assessments, and they carry interest at the
rate named; and under the act Of assembly
cited they were authorized to be issued by
the board OF public works to third parties,
at whose request, at the expiration of one
year from the date of the assessment srtif-
board. The act Of assembly, May %, 1873,
extended the time of payment OF special as
sessments and authorize the Issuance OF
ferred to in the resolution. This act did
not change the mode of assessments
nor forbid the issuance OF certificates in
,o OF tbat sna,saa the
being payable in one year, they should
be payable in five equal annual instalments,
that instead Of selling them to third parties
the board should deposit them in the hands
OF the sinking fund commissioners as secu-
funa c6mmssioaers to eSforcs Inc the
lien Of said assessment certificates in case of
default in the payment OF any of the fl We an
nual instalments In which assessment GER
tincates were payable, by sale Of the prop.
erty assessed or SO much as might be neces-
sary to pay the overdue instalments, with
interest, costs and charges. The certificates
and applied by the sinking fund commits
sioners in the payment OF the principal and
interest Of the certificates of Indebtedness
known as "greenbacks."
The purpose of the issue of the greenbacks
was to extend the time OF payment to five
years. as they were made payable to bearer,
cent, and they were made receivable in pay
ment OF assessments for special improve
ments. No steps have been taken by the
commissioners OF the sinking fund to
them in pledge for the "greenbacks," and the
inference is reasonable that few payments
In cash have been made upon them, because
discount, are receivable for assessments,
there is no inducement to pay money. But
the payment OF assessments In "greenbacks"
serves to reduce the number of outstanding
"greenbacks," and therefore improves the
security for those that remain. Perhaps the
sinking fund commissioners have not been
ment certificates because OF the resistance of
the property holders to the collection. or
perhaps it is because all the installmeats
of assessments are not due. The First
National Bank of New York is the prin-
c1pal holder of the one year assess
ment certificates which had been issued
OF the issue Of "greenbacks' and the re-
quirement that assessment certificates
should thereafter be held in pledge for such
"greenbacks." That bank called upon the
sinking fund commissioners at different
times TO sell the property charged with such
overdue assessments. But in large number
injunetiops RESTRAINING the saie e and When
sales were made the bank, In the absence OF
other bidders, was Obliged to become the
The positions taken In the bills
N IN aG orQx ~ lxy hat
upon which the assessments
were based were either wholly unauthorized
by law or else were illegal, because the cost
la W therefor. There are, however, other OBJ
jec1tons made, such as excessive assessments !
and errors in the computation OF the assess
ments.
II has been held by the Supreme Court of
the District that different property owners
cannot unite In q single bill to enjoin collec-
snective paTceIs ~ nrnnertv i ION Sds,r re re-
erence TO the numerous bills now pending at
the suit Of Individual owners ia their several
the District has yet been made as to whether
a Court OF Equity has Jurisdiction OF such
cases, or whether the facts relied upon by
invalidate the assessments or
whether the alleged errors actually exist.
The First National Bank OF New York being
the holder Of the certificates involved in
these suits is party directly interested, and
different cases. In view of the large inter-
ests Of the bank In the result OF the suits, the
attorney states, that he has felt constrained
TO consult the convenience OF its counsel as
respects the hearing Of test cases. One case
was argued, but by reason OF q technical de-
feet in the pleadings Of complainant deci-
sion was not made upon the merits. 1t is
probable, however, that the case will be re-
heard In the SupremeCourt of the District but
this case will by one side or the
other be taken to the Supreme Court OF the
United States. The most serious objections
urged against the validity OF assessments
made by the late board OF public works do
not exist as respects assessments made, and
which shall hereafter be made, by the Conn.,
missiOneTs OF the District. Probably the
principal part of the assessment certificates
held by the sinking fund are based on assess.
mentS made by the late board OF public
works. In relative proportion, however, OF
certificates issued by the Com
missioners and by the board OF public
works, and now held in pledge by
the sinking fund. can be accurately
stated by the commissioners of the sinking
fund. The reasons why assessments have
not been collected are as above stated, SO far
as respects the assessments held by the First
National Bank OF New York. and not held
in pledge by the sinking fund for redemption
OF "greenba cks.n Probably, however, the
inquiry in the resolution relates especially
&C the assessments SO held By the COMMITS