Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-07-20

tract expressed or implied by M +or,,s If ..o
Win be s9 ao sas9 Of At oT old
by the Commissioners as follows viz Pr;ca
of old material-Bri K navement per r sdn are
fIia neaI fo6t GEMS curb, 5inch and under per
foot. % 1V cents cents curb 6-ineh, per lineal
~ 80 roD ~ cObbeStOne, per square yard.
10 IenlS clue rock pavement per SQUARE
sar"' 81 cents: Belgian block pavement, per
sIAare yard, - cents; or at such other higher
rates as may have been realized in disp0Sing
OF the old material.
$. Special exemptions from the application
OF the general rules of assessment will be
made as follows, viz: In the case of corner
lots assessed for sewer on the shorter side, IS
1eet or the longer side will be exempted from
sewer, assessment. Whenever the intersec
ton OF streets or avenues produces lots having
acute angles or excessive frontage in proper.
ton to the area available for building pur-
poses, q deduGIon from the uniform rate of
by the property owner of plot OF the subdi-
vision into lots OF the tract in question, at
tested by the he, surveyor Of the District OF &C
companied by the affidavit of the owner of the
property that such subdi vision is designated
Dy MN 10 be permanent, and is not made for
any other purpose. Each case of this kind
sioners, and will be decided in conformity
With the principles that the rate of Speciat az
sessmentS should be made as uniformly as
practicable in proportion to the benefit de-
rived from the improvement.
J. IN conformity with the opinion of the At
torney OF the District Of Columbia, street rail
way companies viii! ue as, eSSed for their pro-
p0rtional part of special Improvements in &C
c0rdance with the following principles, viz:
=" l. III the Improvement was made Before the
company was incorporated there can be no
liability on the part of the company, except to
restore the street to as good a condition after
their track is completed as it was before. 2.
Ii the Improvement was made after the act of
incorporation was passed, but before the com
pany was formed and the charter accepted,
no liability would attach to the company
other than above stated. 3, If the improve
ment was made after the company had been
organized and the charter accepted; the COM
pany would be liable for the expenses of the
paving on the roadway, whether its track was
laid Or not at the time the paving was done
And for this reason Congress cannot, by the
mere passage of an act of Incorporation, i'm
pose any lPga. obligation upon the cOrporatOrS
Such an lc] IS mere proposition or offer, to be
accepted or reiectedat the option of the cOrpo-
ratorS. Cntil accepted it binds no one, and
can render no one liable. But when the char.
cure 70 themselves certain valuable rights and
franchises that cannot be taken from them,
a9Q come under certain obligations. from
n mic tH FeS ga3i esfape NO person could
operating their roads in the streets prescribed
by their charters but these rights are received
ny them only on condition that they perform
certain duties on their part, among them the
pay ~ 'Or tie paving referred to. 4 delay on
@hef part 10 nut down their tracks could not
IN any ~ way affect their liability Their rights
Il
cerance OF the charter, The owner of an
u'lMNrOVed lot would derive no direct adyan-
tage from the Improvement until he built on
IL, nut ms Inability would be the same, whether
ne hui,i or not, and So in my opinion, 1t would
be III The case Oi the railroad company"
~. The revision of the special assessment
VII! he based upOn the Official records of the
!'islct: but where they are defective or are
iuSuiHclent evidence from claim lnts for draw
Jacks VIII , accepted, but only in the form of
an ,I!, a55iAy[; IL the case of application for
draw Jacks on account of permit work the fol-
lowing evidence viii be required: l. A copy
OF tie permit under which tie work is claim
eO 10 have been done. ?. Satisfactory evidence
mat the %0rk was actually done by the claim
ant III accordance with The terms of the per.
mn. ana thai he has not received cOmpensa-
tIon therefor III case of claim for drawbacks
on account OF Old material taken from in front
Of premises 1t will be necessary to show: l.
That The material was upon the street and if
the cost Of laying had been paid for in fun I'M
der the operations OF the old corporation as
@esSineDtS. Z. That it was taken Possession of
by the District. g. That no compensation
therefor has been received by the owner of the
l0t IN 'front.' OF which tire material was tahuu
ana that said owner has not in any Way dis
posed OF the material.
All Applications for drawbacks viii be ack-
noWledged when received and filed, each uu-
Hef ne head o. the assessment to which it re-
fers, until the vision OF that assessment shall
have been made, when the applicant will be
nOIlLeG OF that fact, and Informed thai proper
credit Will be given for drawbacks due upon
payment OF his special assessment bill.
BUILDING PERMITS
issued by Inspector EntWiSIe T. W Riley &
Sons, repair house. llth, between and G
streets southwest; $50. Burr johnson, repair
frame house. 18th, between B and G Streets
southeast; So. b. II. Holiness repair brick
house, Ill alley, between 18th and 18th and r
and ) streets northwest; 800.