Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-01-04

| nlSsloItrS 10 correct errors and eNceSses in
| them Oy giving drawback cerrificates to ha
| recelVabie IN payment OF assessments leaves
| no DOUBT That the authority OF the board IN
make them. rs they We're made. was Intended
| nao I'm View these assessments now aSSailed nv
the the complGinantS, and no such denial could
| ..ioLesliN be made. We are OF opinion there
,Vie, that the assessments have been rat hesf by
! ot"neItss. - III there were errors In the manner
=, i,.;aAIlS lten or in the amount OF the Charges
| ttuhieiol was made FOR correction or the errors
| IL the church aud school nronerfteS should nor
| n.,I.tV otVH tAttaPled, and consequently the
> C'L'a upon The complailants prop
sioheis We're enroN cred 10 correct the wronSs
IL ~ may HS ;i.at The burden laid upon thp nr0p-
| cry oi TIE tomplainantS is orProns SneeiaI
ASSESSMENTS FOR special road or slrect ,r,,,,Tcy
| ihenIS very Ciien,lre oppressive Rut rbsf rho
| SEkiauhe power may authorize them and may
| Giett lEefh 10 Oe made in proportion 10 tba
frontage. area. or market value of tee A loinln,y
! property al Us discretion. Is under tae decIs-
| ions, no Ions er an open question
In conclusion. we may notice an ar-lr,,cpt of
| Tie conn iainantS thar the deeds D.. 4, lir1 the
| ee SIM le oi the streets Il Na-hIurto ,yas
| tonNe! eu 10 tie nitcd States reguirr me I'D
| 'Idl EoNerhtntht 10 pay Tor grading aud Inn
| proving the streets. In answer - thi, Il Is SUI
| hc.ent 10 say no such point was made IA the
| court below. and 40 such deeds are tp eyilpnc,
| or are exhibits IN the case In their abSenc,,
argument rests
| The decree Of the supreme court OF the his
fct or Columbia is affirmed.
| justice Strong also delivered the opinion in
| the Shoemaker case as follows:
| This case is substantially ruled by Ma;tln-ly
| et al. vs. the District Of Columbia. heretofore
Ucued. Tie bill, as In that case. WAS for an
| injunction against the colleStlon OF "A special
| assessment and for the surrender aud cancel-
| laton OF certificate of Indebtedness for such
| an assessment Tie property upon which the
assessment was laid is In the District ur Colum-
nla, though outside the bounds oI the rity or
washington. Bui the legislative assembly ere
5leu Dy tie organic act. had authority to leriS-
! la'e Tor the entire District: ami The hoard of
Puoilc works had the same authority over the
IoaGs OF lhc lstict as they had over the st reefs
/ ana AVENUES ~ the city. They had thrau,rhour
/ Tie District, The same power To Iat ke asses
! mentS Tor improvements. The aSSc. .sp,pnt of
! Wneh ne h.l complains was made by the
! pC"Iu. ana ii WAS one Cf those which were con
hflned ana ordered 10 be enforced by the a,,t Of
congress oI June -, So. The hl oI the com
| plainaUt cannot. therefore, bc sustained
Inc GecIee m tie supreme Court ~ the Dis
lflct Is reversed. and the case is RENTED with
! INSTRUCTIONS 10 dismiss the bll
TEE OWNERSHIP OF STREETS.
Many persons suppose that these decisions
| Lnaliy settle the question. but il VIII be seen
helow that The all important question a IN
the TILE 10 streets and liability d keen
III repair Is yet TO be settled. Il win ba
observed that the Justice pruGoUncing the
allegation in the bills nor any cDuy OF the
Geed made by the original proprlrjOrS This
question Is fully made il appears la t'ir bin ulpd
by Columbus Alexander. Involving tne certin-
Gates issued for The recent Improvement of
PENNSYLVANIA avenue, between lst and 18Th
streets. We quote paragraphs ten aud eleven IA
the bill prepared 10y Robert Chri-ty and Frank
L. Browning, attorneys Ia the case:
Tenth. That 10y the act or the legislature OF
the state of Maryland OF December ls 1891. en-
Titled IAN act concerning the Territory Of Co.
lulnbia and tie city OF Washington. 1T was nro-
Nlded that nothing in said act contained should
De so construed TO vest in the United =, tleS any
right of property in the soil SO as 10 affect The
rights OF lhdlN ldual owners thereof. otherwise
than such rights should o. might De transferred
DN SnCl llulsf llal The
thdt such original owners OF the lands which
row constitute the city OF Washington. con-
keAed TO certain trustees for the use OF the
Shlted States forever, so much Of their said
lands as was thereafter selected and laid our as
pubic streets and avenues In said city. gratul-
tously, and 10y way OF gift 10 the nitGd states
aid FOR tie use of the public forever that the
said lots OF ground OF complainant that has
been assessed, as aforesaid, Were conveyed 10
the gIantOrs OF complainant by the certain
commissioners appointed by act OF Congress-
fTee and discharged from all obligations with
Iespecl TO The government or the United States
uouchlhg Tie lmproYem OF the streets or
avenues upon which they abut. excepting such
obllSallons as were expressed in the rules and
| regulations established by the President OF the
United States and by the commissioners OF the
| city Of Washington, on The 18th day OF October
I,9l, 10y authority of George Washington, then
President cf the nited States; that ii was ex-
pfesSly declared in said rules and regulations
that said rules and regulations were The terms
ara conditions under and upon which all con-
NeyaIceS were subsequently 20 be raade accord-
ing 10 lie deeds In trust OF the land within
said city. and the conditions in said deeds OF
trust being that the recpnyeyanreS OF such nor
tloLS OF such land as were there after 10 be
made 10 such original proprlet0rS from the
Tilted States. should be on and subject - such
terms and conditions as should be rhOu rht rea-
sohabie by Tie President OF the nited States
10r tie Tine being, for regulating the manner or
lhe lml foN emeil5 on particular streets. or
parts Thereof, Tor common convenience safety
and ORDER t!IsIt touching the costs OF construct
1Dg or keeping In repair the public streets and
avenues: no power was expressed or reserved
! ~ n nltar
thereof against the private property fronting or
abuttlng upon such streets or avenues
Etereidh. That long prior TO the S-h day OF
July, lei0, said avenue between the limits
aforesaid, had been opened and paved. and as
simulated with and made part 0f the general
system upon which the various 81 reefs and ave
nues OF said city have been graded ard i'm
proved; that the act OF Congress, entitled An
act 10 provide Tor the paving of Pennsylvania
avenue, was passed for the purpose OF render
Ing said avenue more cOlnmOdiOus for the u.s.,
OF the public generally. and not for the local
pere1t OF the private property abutting on said
avenue, yet Notwithstanding, complainant and
other persons owning property on SAID avenue.
were compelled 10 pay the entire cost of so
much Of said pavement as was laid I'm front OF
such private property, TO within two feet OF the
track Of the Washington and Georgetown Rail-
road company: that the said lots 0f ground or
complainant, and each OF them, are OF much
less value, both as TO the ground aud the i'm
proyemehtS thereon, than many Of the other
lots or tie same size fronting on said avenue be-
tween tie limits aforeSad; that tie cost OF the
IepaEemeEJ has been assessed against the
property fronting on said avenue without re-
gard 10 lie value oi said lots. but in proportion
10 the number OF feet or such lots respectively
fronting on said avenue. and that therefore the
said assessments are unjust, unequal and with
Cut authority OF law.
TEMPERANCE ORATORS, with the best inten-
tons III tie world, often draw on their lmagin-
at1onS for facts. As a rule they are fearless in
statistics. IL was stated I'm the British Social
Science Congress recently that the number OF
deaths from alcoholic poisoning in England
and Wales was 100000 every year. The Regis 4
ter General however, whose vital statistics are [
based on recorded facts, puts down the nuuaber
at ,l20, less than one per cent. OF what the en-
thuS1astS assert. II is noteworthy ia this con-
nection that several eminent phySiOlOgistS, after
careful Investigations and experiments, have
come To the conclusion that alcohol In small
quantities is food; in large quantities is poi
son. In other words, while Science is the
strongest bulwalk of Temperance, IL is no friend
OF enforced Total Abstinence Baltimore Gdz-
cite.
DRAMATIC SUICIDE IN A 'SQUIRE's I;--rcE-
JACK Russell, a young negro or Avon, was -she
Chief actor In startling tragedy I'm the Office or
Squire Calvin Knowles yesterday. Jack had
been arrested on charge OF stealing goods
from c. S. Gilbert, in whose store he was for