Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1888-04-08
SEATTLE, 7, SUNDAY HoRma APRIL 8, 1885,

d6, APRIL 6, 1883.
Al naPo99A1R Og1xDoa.
rHRsR sufxxH8 cocnr ycBess OF fEI
MESr rxeKR TIE TACOMA
CIT czAKxxK-
The Tacoma city esarcEi b jus scv vrezt-
Ing with the nes lsv pFcvNing fsss IL -
tah,shnease ef assessment ansracts for street.
imrsoveneats prepArstcry 10 beginnin8 .
spring campaign In thai direcsjan- The
opinioa Of aHociAte Judge LanKford, Chief
JasficsJones and assoeiafe Jrdgs Turner con
6rmins TIE tndsnens-ef The lover court IN
The famces Ninth ssree& c1se. w0 feceived by
Cierk Of Court Abbot On Friday.
Il b particularly cppoEtaae for The seaSca
STATED, - & dipcussss and passes j0dxemert
upon the nice Questions of aasessmeat foe
sfree< Improvement under the charter. Is
wiIl b sen thai Chief Jestice Jones. vhiie
Agreeing With the majority IN the main point
Of issue, differs upoa the question thai has
% hAraned The council batthe majority con-
serues Subdivision nine Of section ~ IN 3
manner thas permits Of liberal assessnens
street improvement
UpoE LAssFoRp's OPINION.
The case 10 entitled s.Charies B. Wright
for himself and others. appellant " The
city Of Tacoma and John Naanay. appellee,
The opinion By Langtord J. ID ~ follows:
Thefe are from The Transcript two qnes
tons 10 be decided.
whether The city council By authority
conferred upon il By the city charter had
authority 70 form An assessment district foS
the purpose Of grading street upon the
petition presented to the council which ap-
pears in the record.
Second. If they had not. then. II appel
iants lot owners in said district, stood BY
without objection or protest. sitter notice Of
the intention Of the city that it wou q pro
ceed To LET the contract for grading upon
the hope Of paying contract price on, Of
assessments upon appellants and other los
owness, can. afler the contract is thus let,
object 70 The asseaameat upon account oi
detects in said petition.
The city charter contains among other
things the following provisions
s'Ninth.-To provide for opening. widen
ing, clearing. c1rbing. gutteTing. draining
OF other manner Of improving or r,pAiring
Of streets. highways aud alleys. and for the
construction and repairing Of sidewalks
upon said streets, highways and Alleys.
Said improvements shall not, however. be
made at the expense OF the owners Of said
lots or parcels Of land frenting upon such
street, highway or alley, or portion thereof
PROPOSED TO 81 IMPROVED
In any Of the manners herein recited. unless
the resident owners Of more than one-hslf
Of the property fronting upon the proposed
shall petition the city council
to order such improvements 70 be made, ex-
cept ~ provided in section lis.
Section ia. Before ordering any work
done or Improvement made authorized by
section - Of this city charter. the city
council shall pass . resolution declaring its
intention 20 70 do and shall thereafter cause
. survey. diagram and estimate Of the entire
cost thereof to be made BY the city sarveyor
and the said survey, diagram and estimate
shall be filed in the once Of the city clerk
for the inspection Of all parties interested
therein. and the said city clerk shall forth
with cause q notice Of such Hing OF such
survey, diagram and estimate to be pub
lished weekly for two successive weeks In
some newspaper published in the city.
Notice must contain true copy Of said
resolution OF intention, and must specify
the street, highway or alley or part thereof
proposed to be made. together with such
estimate, cost ndexpense thereof. and that
il sufficient remonstrance be not made be-
fore the expiration Of ten days after the
last publication, said improvement will be
made u the
EXPENSE OF OWNERS
or the lots and parcels of land fronting upon
the street, highway or alley proposed to be
improved within the limits OF the improve
ment thereof lengthwise OF said street,
or alley.
Section lis. II. within ten DAYS after the
finai publication. the pefSons owning one
halt or more Of the lots or parcels Of land
fronting upon the street. highway or alley
proposed 70 be improved. within the limits
aforesaid shall file with the city clerk re-
moustrance against said improvement. grade
or alteration, the same shall not be made at
the expense OF the owners of the lots or
parcels OF land fronting upon such street.
highway or alley a. Aforesaid, unless the
city council shall deem such work or In
provement necessary. bat no such work shall
Be done or improvement made, unless upon
q unaimous vote Of counci!men there pres
Mt.
section ll6. II no such remonstranee BE-
made and filed ss provi.ed 10 the last sec
ton and the owners Of the lots and parcels
Of land fronting cpon such street. highway
or alley proposed to bs improved. within
the lim'ts Aforesaid. shall be deemed to have
consented TO the making OF said improve
ment, OF II said remonstraace has been
made and fled and the said city council
order such
WORK TO b DONE
Or said improvement 10 be made. as pro-
yided in section lis, the council At It's earli.
est convenience thereafter and within six
months from the publication Of such notice
may establish the proposed grade OF make
the proposed Improvement. at the expense
Of the owners Of the lots or parcels OF land
fronting upon the street, highway or alley
proposed 70 be improved within the limits
aforesaid. either by or through the street
commissioner or other officer designated BY
the council. or by contract LET by the conn-
Gil 70 any person. provided, that no contract
shall be made providing for the payment
the contractor for such improyem mt OF any
greater . nount than the estimated cost and
expense thereof published as aforesaid, I;
complete some general system OF improve
ment."
II is claimed by the appellant that thu
petition and oil the proceedings under il an
void. because upon its face il does not stat
III Al the lot owners are residents.
The charter provides that the siguer
must be residents. but IL does not prvvid'
how the fact Of residence shall be made y
appear 10 the coancil. wbeo statute pro
y,des a mode in which thing shall be mad
10 appear. that mode must be strictly FOL
lowed when IL does not provide such mod
the oiieers may adopt
wHAr NODE THsr rLEAsR
To determine the fact. The city coanel
adopsed its oWn mode 20 determine the lac
OF residence, which it had right TO do.
Much has been said aboat another petl
t;on for another district with direren
boundaries, bot ve deem the whole adair q
irrelevant. The boundary OF an as-essmen
district must be ascertAined before assess
meuf or taxation can be had therein. an
the purpose for which il Is desired must
under this charter. appear. Zach OF thes
must appear By petition. The sane distrie
eanno, have more than one boundary speci
tied therein, as there can he but one boanc
arr 10 an assessment district. aud eael
signer Of q petition must By ii agree 70 IN