The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-22
AN IMPORTANT DECISION
Ross shepherds Special Assessment tertin-
GATES Declared TO he Illegal


WASHINGTON, March 2l.-Thc supreme
Court Of the District decided u very important
case to-dn,-that II Columbus Alexander W..
the District 1T Columhn-which affects very sc-
riou-ly in it, consequences the First National
Bank of New York. The history uf the casc is
as follows: Mr.. Alexander owned property
fronting on Now York avenue in this city.
Special improvement certificates were issued
against it by the Board OF Public Works on ne
count Of improvements made on the avenue.
These certificates were payable in insiallmcnts
and were issued in accordance with an act of
the District Legislature. They were negotiable.
and great quantities OF ucm were hypothc-
Gated or sold hy the Board of Public Works
to the First National Bank Of New York and
other banks. II they were not paid on matu-
rity the law provided that they become a lien On
the property against which they were issued
and that the District Government should cause
the same TO be- sold for the debt and costs Mr.
Alexander applied Tor injunction to restrain
NE ilstrlt RON -eling, lhd DrehmlnIry N
junction wis granted 10y judge WNlir. To-day
the supreme Court. In General Torn. alter a fun
amt elaborate nrgnu' mt. announced ita dccisi on
AMI made the Injunction perpetual. From this
opinion the Chief Justice and Judge Hum
The Court held that all tho proceedings under
the act of the District Legislature in making
these special assessments were NOT i'm nrcnrd-
ancr with the act. and are. therefore. null and
void IL questions. moreover. whether any
such power ~ prescribing such assessments
was Delegated to the District Legislature hV the
organic act, or whether the Board Of Public
Works could do other than assess one-thrd the
cost ct improvements oi me streets or avcnu' :,
ana to do this legally all the requirements OF
tn" organic at must have been strictly complied
WITH The opinion proceeds:
Upon the grounds thus bron, stated come to the
cuon that the cencat sought ~ De- enforced against
ihe ptolsry OF the cemplanan. i, without authority OF
immediate collection " taxes as means OF carving on
ui. "aN,fnm' A. We would lhinS p, conf su,d to q.
H. polio, does not apply To- tile ease at bar tot the
DO property oi no rirst SanonS BanE Of sew
n.t,nes "' t ,n.,,nudn IKE ls ts sns a., ~,
cclNed alit ever Will IN exchange for evidence ct the
M. property could Be- uSd a. the mean. 81 rane rev
ii n'l, ,'l,''' .,tN,' lidi' lnH, ~ hi, I
collateral proceeding ~ law. NHs claim " ain-t th,
a'nasc an ard DO ot am "a oln i ihs, c
Wi~li-on o t'i. court unfrr inr-' eir' um'ance- 80
inr rNrr - IN other ca~- OF litigation involving 800,
douuied, pun. ha>el On, oeruhoaio a~ a profitable t
,,.lcnt ami 'ub,et 20 such ti., autase a. tnS ue-
usually intent amt hodnf a'oii instrument tiInk IT
Ii, t1o p d a., a e' 21i'' It's satisfaction 4'
According ~ the latest official figures from
the District Government th" FIRST National
lars of th'-' certificates and other Distr T
securities affected fatally hy this decision OF ~,
supreme Court OF tho District. 1t il true that
ihfCour says that the bank can have It's remedy
against the District. but TINS meansa long and
c"ssul it must then obtain legislation from
Congress before It can secure IL claim. The
turning point IN the ,asr decided to-day was
the iact. which the District Commissione r.
were forced 10 admit in their answer 10 the hill
OF Mr. Alexander that the United states Gov
srat deal n"q more S'1 an " he %ho pay col
~ the improvements made hy the District on
N"w YORK avenue. Thus nuAlly a court 10 JUS
first made iu IHE SUN. that Con. q. l.. B'.h 'o K
,b. IN cNl'u-i"n with ihr boHri "i Pubic