New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-22
FPAI-DTLENT ASSESSMENTS.

co1ryRrs ALFyANDER's VICTORY IN THE COURTS
A NEw-YORK BANK AFFECTED BY 1T.
lBY TELEGRAPH THE TRIBUSg.l
WASHINGTON March OLA case involving I'M
portant interests in Washington and New-lork was
decided in the Supreme Court of the District of
Columbia. General Term, to-day. When the late
Board of Public Works of this District was in power
il spent immense sums of money in the Improvement
of the avenues in this city. After completing the
work and in some instances before it was finished,
one-third of the cost of it was assessed upon
the property fronting upon the avenue, ana
certificates of assessment were issued and
sold the greater portion OF them to the
First National Bank of New-YOrk. subsequently,
notwithstanding these assessments, the Board OF
Public Works made out bills against the United
States Government for the work, and liberal
approximations were granted to pay for Them These
appropriations at the time were alleged III lHE
TRIBUNE and in other independent papers to be in
excess of the entire cost of the work. but the resi-
dent of the board and members of the Ring de-
nouuced such reports untrue. and i'll one or two
instances based suits for libel upon them.
About Is months ago Columbus Alexander,
owning property Oh one of the avenues, refused
70 nav an assessment certificate held by the
First National Bank of New York, on the ground
that the improvements for which il was issued had
already been paid for by the United States. lie
obtained temporary injunction against the sale OF
his property for the collection of the amount claimed
to be due on the certificate. This was the case de-
cided to-day, and the court gives its opinion III
favor of Mr.. Alexander. After having disposed OF
the questions of law involved, the opinion as dellv-
cred goes to say:
Its also said that complainant should at least
what in order to obtain relief from the whole tax
par; sued for being only part and IL tax cases ne
supreme Court Of the United states has aid down ts
doctrine founded on the first principles Of equity
jurisdiction This feature OF the case Is offset by
The allegation, which has been confirmed by the an
OF the District Commits oncrs, that the United
has been charged and has paid to the District
sums on Of this avenue considerably exceeding
whole expenditure for the improvements IL is hcld
by the that thereby the Indebtedness is extn-
gshed and property reviewed of the assessment.
This is the first test of the legality of assess
| ments made by the Board of Public Works that has
ever been decided in the courts. 1t is interesting TO
notice that two important facts established by
it: First that the United States, accepting as cor
rect the measurements made under the direction of
Gen. Babcock, which were at the time denounced as
false, has actually paid to the District sum con-
siderably greater than the whole cost of i'm
proving the avenue in question: thus prov
ing the falsity of the measurements and
secondly that the Board of Public Works had no
right to assess the cost of improvements upon prop
erty of adjoining streets which paved graded
in cases where the entire cost of those improve
ments had been or was subsequently paid by the
Government of the United States. The Court rules
that the First National Bank must look to the Dis
trict Of Columbia for its relief and cannot sell the
property upon which the certificates were issued in
order to obtain its pay.
If this ruling is sustained by the Supreme Court of
the United States it will give to the holders of
sessments certificates illegally issued by the Board
of Public Works, and to proporty-holders who have
paid them, cause for action against the District for
the recovery of several hundred thousands if not
millions OF dollars.