St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-04-03

ciuSlVely SHOWS CnaC the unllS Oh locai
assessment were exceeded.
The question Is of sufficient Importance to
merit serious attention. There must be
some reasonable limit to the exercise of
these legislative functions to prevent injus-
tce in the distribution of public burdens
under the guise of local Improvements. But
since the power is committed to the legisla-
ture to prescribe the procedure in such
cases, it is difficult for the courts to define
the limit to the exercise Of such power. In
Guest VS.. Broollly, SO New
York, Church, G. j., in commenting
upon the necessity of proper safeguards for
the rights of the citizen in such cases, very
severely condemns the system OF local as
sessments as generally authorized and adj
ministered in cities as inevitably tending to
injustice and oppression, but observes truly
that the effective remedy is not with the jul
dietary but with the legislative department
of the government.
Ordinarily the district assessed is so stu
ated and related to the improvement that the
assessment cannot be determined to be
necessarily inconsistent with justice and pro-
priety. But if in any case it were clear that
property assessed were so remote or so stu
ated as not to be specially affected, it would
mistake from which the court would relieve
In this instance the improvement, in
GLIDING the bridge and viaduct, extends
on Seventh street for about one mile and it
is claimed that an avenue was thereby
opened up over the valleys to which all of the
property assessed is naturally tributary, re-
sulting in special increase in the value OF
all the property in that locality included in
fba frio no 10 ic IN on cider
the effect of the improvement upon the mar
ket value of the property in that locality in
Guided in the district.
People VS.. Mayor GO N. Y. 800. Cooley tax
And if it be true that the value OF this large
lumber of lots under the peculiar circumstan-
ces is specially increased as compared with
other property, by virtue of the improvement,
the court cannot say that the Improvement
may not be considered local as respects the
assessment district as fixed by the board.
The terms ''local,'' vicinity" ETC., used
in connection with such assessments are not
to be taken as indicating any definite limits,
but are usually understood to extend to the
real property reported by the assessors to be
actually benefited to a certain amount.
Burroughs, Taxation, section 146. Rogers
vs.. City, Supra. Cooley, Taxation, 429
The question does not. therefore, depend
merely upon actual distances, as appearing
upon the map or plat, but upon the Judg-
ment of the assessors as well.
Extension of Hancock street, 10, Penn.
St, &c.
Under the circumstances of the case and
as against the determination OF the proper
officers charged with the responsibility of de-
termlning the facts, though the assessor
district is large and the improvement extern
sive and of public importance, this court is
unable to say that the assessment may not
have been warranted. The Judgment Of the
district court should therefore be affirmed.
VANDERBURGH, j.
Gilfllan, G. j., being interested, took no
part.
OPINION.
An assessment having been made by the
board of public works for large portion of
the expense of grading and bridging Seventh
street over, through and beyond Trout brook
and Phalen's valley, so called. and as far
west as Minnehaha avenue, including bridge
culverts and masonry; and also the grading
of several lateral streets extending out for a
limited distance on either side of Seventh
street, an application was duly made for
judgment thereon to the district court of
Ramsey county, which having been duly
ordered and entered is brought here for re-
view by writ of certiorari upon the record Of
the proceedings.
Here follows synopsis of the special law
under which the assessment was ordered
The opinion then proceeds as follows:
II will be observed that the main purpose
of this legislation was to secure permanent
1In,,. tIa
line of the established grade of Seventh
street, involving also as a part of the i'm
provement the grading of Seventh street,
and also to provide through the issuance Of
bonds for part (only) of the expense of
making the Improvement But as respects
the grading of Seventh street we may refer
in passing to the provisions of section 2,
that while it is apparent that it was contem-
plated that earth for the embankment would
naturally be obtained from that source, yet
the council were not limited to that street if
earth could be found cheaper elsewhere.
Q) 1t is insisted by the relator that for
the improvement contemplated by this legis-
lation no assessment was warranted because
the undertaking is specially authorized
thereby and no provisions are made in the
act as amended for such assessment. The
terms OF the act are very general; as amended
ii contemplates an earth embankment in
Phalen's valley and culverts and masonry
in both valleys, for the construction
of permanent roadway over both, and pro-
vides for an appropriation by the city to
meet the extraordinary expense of such i'm
proyement, bearing reference expressly to
the culverts and masonry. The legislature
has indicated nothing further in reference to
a. t;x.,, 1f4I
ment, but the details and the procedure
were, we think, left to the council to work
out under the authority of the charter We
do not doubt the correctness of the city at
torney that if this is local improvement the
city council might proceed, as in other cases
of grading, filing and bridging istreets, to
cause the cost Of the same to be assessed
upon property found specially benefited to
the extent of such benefits. The object of the
legislation is sufficiently apparent from what
has been said There is no restriction or
limitation placed upon the authority Of the
council to proceed under the charter as in
other cases to do the work and make the i'm
provement outlined by the legislature; and
there seems to be no good reason why the
special act should not be consistently con-
structed with the charter. We must, there
lore, look 10 Lne cHdrLeI W ASCERTAIN tnc ma
ture and extent of the authority of the coun-
ell in the premises in reference to such as
sessment considered as an ordinary assess
ment for streetimprovementTh The production
of the assessment warrant made prima facie
case for the city.
City charter Of st. Paul Compilation Of
1884, chapter Z, title section 81; special
laws, 1884 chapter /; special laws, 1874.
chapter ! {; special laws, 1873, chapter I !:
State ex rel. Lewis VS.. District Court, 90
y. W. r., 297.
It therefore appeared prima facie
that everything necessary TO tine
validity OF the assessment had been
done This would include the action Of the
council and board of public works in deter
mining that the improvement was local
one and that real estate could be found benc-
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