Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-07-29

a-..,eu sg the ehy t""'"e
e M, Liable for Alleged Error
uo r.,ueiI-Grade Taxes not
s.s.I eharse against 'he city Gov
rsnest. =,
au.-,oO is the petition OF q. n
ar contractor spon the jackson
As.s orsde. to the City Council, pray
;.snapce of general scrip" o
ina =, .;.v in lieu Of grade scrip" Ais
";nion of City Attorney Osborn, t.
:, mon the petition was referred, The
=, b. found interesting reading es-
.,;slly TO taxpayers;
PETITION
nm Mayor and Coo'no" co""e" 0,
~ CIV Of Seattle;
r.s undersigned petitioner would
~ respectfully represent TO you
That under contract entered
ins,stofore between Your honorable
no Nd this petitioner, for the grade
bool 80 "a known az jackson street ex-
Of wa ~ the city Of Seattle, petitioner
su.s~,med the work of grading the *
Is;on of said Jackson street IN accord
- with the requirements OF his con,
secs nd the specifications prepared
VAC, ;d work by the city's Official En-
f@ that the said work has been
po,sted by petitioner. aud accepted
- aid engineer.
undertaken, AMI did levy an ~
10y a DON the property living ada
~ said Jackson street extension.
.' u,hs nnrpose of raising funds To meet
y! y. syosnsss of grading the same. auu
.;n9 10 petitioner the amount due
M under said contract.
Tbird-That. as petitioner IL credibiy
,,sor,asd and verify believes. said as
..ssasst vas not duly and leg ally, bu,
,morooerly levied; that there exist
mary and serious defec in the metho
- ybich said assessment was levied
,Ss,;no IL void and of no effect; that
aorior OF the land upon which said
s,.sa,rnsnt was levied, AZ Petitioner Is
;a,oymed and has reason TO belIevs, IL
-. nron4rty of the Government of the
fir,tsd States, over which Your honor
M hody has no co1tr1l for tbs par
sose M taxation for CITY Improvement:
nj tLat the psrs lns IN whose name
.aYss were assessed upon said land for
said street improvement, have no title
!, the same, or not such good and SUN
sisnt title as would render legal and
valid any assessment levied thereon for
city purposes.
paurth-That heretofore the said city
NJ seattle, through your BODY, caused To
hs issusd to this petitioner special city
scrio. purporting to be made and be-
sope payable to the order of petit sner,
ant OF such special fund "a might here
After be raised from and realized out of
The proceeds of tue assessment levied
an ssid property AZ azores sud.
Tifth-Th,t tue petitioner il inform
cd snd verify believes, that by reason OF
ssid defects in said assessInent, aud the
want OF good and sufficient title to said
lands by those in whose names they
we're assessed, the issuance of said scrip
vas. and il, rendered void and of no IF
feet: and that il the same should be ac-
cepted BY the petitioner IN satisfaction
Of the amount due him for said work.
The same would be wholly inadequate to
meet the said indebtedness, or any part
thereof.
siYth-That, relying on the informa
ten and belief that said assessment IL
detective. aud the said scrip invalid.
the petitioner has heretofore refused
and still does refuse tn accept the said
-. NJ Nkkn In.
him for said work.
Seventh-That there ia now due end
owing to the petitioner for said work
tho sum of about nine thousand, eight
hundred and nineteen dollars and TWEEN
~ cents, for the payment of winch no
proyision has been made by your hon
orable body, except by the issuance OF
ssid scrip.
That your petitioner. in prosecuting
The work of grading said street, in
cared large Indebtedness for the hire
ulhbor and purchase of material for
toe successful completion of the sewer I;
that said indebtedness was incurred
upon the faith and credit of the pay
ments TO be made to the petitioner bv
the said CITY of Seattle by scrip which
ttE UGblttbtlti WdH tCA w bEilONp WohAo
be legal aud valid.
Wherefore yoar petitioner would re
spectfuily pray that your honorable
body cause to be issued to him. at your
earliest convenience, general SCRIP of
the city OF Seattle sufficient To satisfy
his claim for said work: or If you
should deem it advisable To do so. con
sisiently with proper and legal nuuicl-
pal proceedings, then that you take
sach steps for the relief % your petl-
toner as will insure to him prompt and
speedy payment of his claim, without
pntting HIM TO the vex itious. delays
which must necessarily grow out ot
any attempts to cure the defects which
have hitherto exist q in connection
with the action heretofore taken by
your body
Dated at Seattle, W. r., July 7. 1884.
GEoRoE n. ALEXANDER
OPINION.
SEATTLE. w. T., july IL, 1894.
To the Honorable Mayor aud Common
Council Of the City Of Seattte-GESrLE-
MEN: Tue petition of q. N. Alexander
asking Me payment to him Of the SUN
Of t9Sl9 10. ia lieu az scrip issued to
him on the jackson street Improvement
fund (which scrip no has refused to ac-
eep,). having been referred to me,
have the honor To report AS follows:
! recommend that said petition be
rejected.
fhls matter being of great import
anoe ! deem il my duty II give INV
sievs OF the law relating TO the subject
matter OF this petition for the informa
ton and guidance of the Council. IL
thess NEWS are incorrect my successor
VII, no doubt, disoov that fact.
The Common Council Is the agent,
servant and representative of the people
o. this city. The city, as municipali
w. Is a creature of the law, endowed
only with such powers AS are conferred
oy charter. The servants and reprssen-
stives OF the people of this city have
no powers outsiue of those conferred
upon she city by charter.
Tue CITY has no power tn grade and
Improve the streets of the city by use of
- general tunds. Such Improvement
go ne made only by virtue of the power
gwen and in the mauner prescrib d by
ssonon OF the charter. The grading
~ streets can be paid for by special
ssssssment on property fronting on the
sasee' improved, aud in no other way.
iee petition mentioned asks for pay
ment by the city for the grading and
approving jackson street. A special
=. pas been levied for that purpose.
vi mas not been paid. No general tax
- been levied for the improvement of
sacsson street, or of anv ether street |;
aesnef has the city power under the