National Republican., 1877-09-26
DISTRICT AFFAIRS.
MUNICIPAL MANAGEMENT BY THE
COMMISSIONERS

THE PAVING CATEs-IMMATERIAL
WHETHER THEY ARE SOLD or DELIVERED
TO THE CONTRACTORS.
The Commissioners yesterday transmitted
to Col. Robt. Christy, attorney for Mr.. Colum-
bus Alexander and others, the following opin-
ion In regard to the disposition Of the certih-
Gates against property for repaving fennsyl-
vania avenue:
The Commissioners instruct me 10 advise you Of
their having considered the objections urged against
their issuing the certificates of Indebtedness pro
viiei for In the sixth section of the Act author
ling the rcpsveInent Of Pennsylvania avenue ap-
The act provides for the repavement Of Pcnnsyl.
vania avenue aud all Intersections Of streets, ave
MUGS and alleys crossing the same DC, from the
Guiding the crossing Of Fifteenth strset west
To pay for the work the act provides the prQpor.
ions e be paid .y ihe United states the District 81
road Company and the ownen Of private property
lying and abutting on said avenue:
The fourth section directs the District Commits
sioncrs To make assessments on private property on
said avenue and spaces, and upon said railrUad
company for their proportions respectively OF the
The sixth section provides as follows THAT II
the Washington and Georgetown Railroad Com
py any ysis citizen OF % S,hsr nSy Ss
Assessed for the paving herein Authorized, within
thirty days after the notification OF such assessment
shall have been published IN one or more papers
printed in the District Of Columbia IN front OF OF
adjoining their property, when the work 30 front
s 81 10 sb sSGeS1 Of ns ,hS
provided for in this act, and assessed by the Dis.
trict Of Columbia Commissioners the said Com.
msion0s OF the District Of Columbia shall issue
certificates Of Indebtedness against the property,
which certificates shall bear interest at the rate Of
ten per centum per annum until paid shall re.
main aud be q lien upon tho property on or
against which they are issued; and II the said Ger.
tihcates are not paid within one year the said
Commissioners Of the District Of Columbia shah,
upon the application Of the holder thereof pro
coed 10 sell the property against which they are
issued, or 80 much thereof as may be necessary to
pay s1id tax.
fIaying dlrscted the pavement to he made, II is
obvious Congress intended W provide by the act
the means necessary for the payment OF The work;
and lest the railroad company and owners OF the
abuuing private property should not promptly pay,
that II. within thirty days aNet the notification Of
the assessment made by the District Commission
crs, the full Amounts charged against them, the
District Commissioners are directed W iSue certih-
caes Of Indebtedness for the dolcency Of the char
acter described In the sixth section; and that the
certificates should be adequate to the purpose OF the
payment ofsuCh deficiency, they arc made lien
upon TIC property ag,i, ] Which IN oney are ',IeG nmt,
paid. with the right Of the holder on default of
payment within the prescribed time by the act to
much as necessary sold, and the atOils applied to
The holder must be understood rs party having
an interest In the certificates aud their HYnts on
tho ailc Of the property aga!nst which they are
Issued for their payment
u Inc c'pulnhsluntf- sLOull lHe pOsSc-tloH
Of the certificates until they are due or such pos
session should continue IN the hands Of the col.
lectOr or treasurer of The District o. in the custody
OF any party not the nf representing such
owner there would be holder A. contemplated by
the act TO demand Of thr Commissioners the fnlc Of
tho property against which the certificates hrc Is.
sued for their payment. by such a construction Of
the act 1t Is clear would be only partly executed,
and k,r all practical purposes the Commissioners
might rs well not provide any nf ne certificates.
The Commissioners arc nwhre that the act docs not
IN term. declare To whonl the certificates are to he
iS.ucd but the nbsrnce of such provision gives no
| cmbsr rrnsnncnt in the view they take Of tho mani
fest objects of the act 70 Wit the requirement Of The
Avenue and the providing Of the means necessary
| for the payment for the work when completed
| Hence they deem II immPteriRl whether they sell
the CerhcetrS OF not les than their face value and
| accrued interest. and thus procure the money to
pay the contractors the balances due them, or dc
liver them directly to the contractors In such pay
ments at Ike rates. suitable provision being made
In either case, az required by the act for the reten
tiun Of ten Der cent Of the cost Of the work ns Sc
curity and guarantee funds 10 keep the pavement
in good repair for the term OF three years