St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-04-03
THE SEVENTH STREET FILL.
The Supreme Court Sustains the Distric
Court on the Assessment Cases

rhe Supreme Court Sustains the District
Court on the Assessment Cases
The supreme court to-day filed an opinion
sustaining the decision OF Judge Brill of the
district court in the matter of the assessment
for the Seventh street fill. The syllabus is
puite lengthy and reviews the case
in detail. Two years ago, in ac-
eordance with an act of the legislature,
she board of public works ordered an assess
ment on all property in the neighbood of the
fill for the proposed improvement, embrac-
Ing not only the property along Seventh
street, but that tributary thereto Before this
work was begun there was an old, unsafe
bridge across Phalen and Trout brook hol-
lows Upon the order of assessment there
was at once objections raised, and the board
Of public works was pretty severely
Ecored. Il great diversity OF opinion existed,
many thin king that the tax should extend to
Jackson street, others that the city should be
made TO bear the burden. The outcome was
D suit by those property holders interested,
which was decided against them, whereupOn
IN appeal was taken to the supreme court.
a GLOBE reporter called upon Judge Barrett
last night to learn his opinion of the decision.
The gentleman was aware OF the filing, hav
ing been at the capitol VIXEN it was read.
The feelings Of the members Of the board had
become almost callOus from the many bad
rhargcs that had been brought against them
In connection with this Seventh street assess
ment, but there was qualification in knowing
that they had been sustained in every partic
ular BY both courts. The decision settles the
right Of the board to levy such as
sessments, and is Of public importance.
There were about 5000 different descrip-
lions of property affected, and it would
have been much better to have paid the as
sessment at once, for the litigation has
proved costly to those bringing the suits.
Two per cent. a month interest from the time
Of default together with the costs, is decreed,
which showed pretty conclusiVely that it
would have been the part of wisdom to
nave accepted the assessment. The fact
is that there is not piece of property that
has not been enhanced in value anywhere
from % to 200 per cent. The property trib-
utary to Seventh has been increased in value
from % to 100 per cent. Lots which we're
of comparatively small value because Of be-
ing so inaccessible has now become desir-
able. At the time the old bridge was stand
ing the city could properly have been in
dcted at any time for maintaining danger
Gus structure. In one sense the i'm
provement was public benefit and the leg
islature had recognized this fact by author
iZing the issuance by the city Of 500, 900 in
bonds to aid it, The board considered it,
while not losing sight of its importance to
the whole city, more especially of local BEN
eft which view had been wholly sustained.
With the exception Of q small number it was
his belief that the general sentiment of the
people was with the board of public works.
Every objection raised by the counsel of the
OPPOSITION had been overruled, and there was
not left peg upon which they could stand.
It was natural that the board should feel
some pleasure at the result of the suit.
A great many Of the residents of Dayton's
bluff continue to call at the city treasurers
office for rebates on the Seventh street as
sessment, which, however, is not yet ready
for final settlement. The city treasurer has
completed the necessary blanks TO commence
rcfunding the money on the Seventh street
improvement and will be ready to commence
paying as soon as the city council will take
steps to provide for the money TO pay with.
The law requires the money to be paid out of
the general fund, and in case there should
be no money in this fund the council has a
right to issue certificates OF Indebtedness to
get the money. The city treasurer will give
notice through the newspapers as soon rs
The necessary funds have been provided. 1t
will take about S35 900 in ALL