, 1891-12-22
THE ASSESSMENTS
RELATIVE TO STREET IMPROVE.
MENTS ARE COLLECTABLE.
what a WelI-knovn Citizen Thinks
About Them. Future work
for the CITY Council.

what a Well-kmOWM Citizen Ill h1mkS
About Them. Future work
for the CITY Council.
Editor Tribune:
What is the matter with our city assess
ments with regard to street improvements?
Are they Illegal? What steps are our city
authorities taking to collect the same. If
theyare not collected OF are declared void
by the courts, will the burden fall
upon all the taxpayers owning property
within the city limits? The above and
kindred questions are propounded daily on
our streets. If those assessments are lille
gal and void the sooner that fact is known
and understood the better for all parties in
terested. If valid, their collection should
be enforced. Can there be any reasonable
doubt to the ordinary mind that ordinance
No. 495 of Olympia ordinance under which
such assessments were made, is void as
contravening both the state and United
States constitutional provisions, that no
person shall be deprived of life, liberty or
property without due process of law.
THIS ORDINANCE PROVIDES
for making the assessment without notice
LD GQG OWuGl, blttL u0 Illdy dDDGdr dU Il GlIno
and place to be named and object to the
levy thereof, before they become charge
on his property. This right isIfundemental
and he cannot be legally deprived of it by
any statute or city ordinance This prop
sition is so plain and elementary that it is
hardly necessary to cite authorities to sub
stantiate it. Dillon on Municipal Corpo-
rations, section 803, note l. The notice
provided for in the above ordinance is
not an excuse for a compliance
with such constitutional provisions
as such notice relates to matters after judg-
ment has been pronounced. 1t might
with the same logic be urged, that a judg-
ment rendered by court against party
without actual or constructive notice, is
valid if the sheriff holding an execution
therein should notify the defendant Of
such prior proceedings in that action.
Neither does it make any difference
whether the property owner
HAD ACTUAL NOTICE;
jurisdiction does not attach unless the or
dinance under which the proceedings are
had provides therefor before the making of
the decision, OF finding in that behalf.
Another defect in such ordinance, which is
of more or less significance, relates to the
remedy for the collection of delinquent as
sentiments by action in personam, which,
sections Z s and of this ordinance, seem
to contemplate, when the charter provides
that the lien therefor shall be foreclosed in
accordance with the provisions of the code
Of civil procedure. Where the statute
creates liability and provides remedy,
it must be followed to the exclusion of
every other, though the remedy provided
be inadequate.
Section 817 of Dillon on Municipal Cor
porations. There are other cogent reasons
concerning the acts and proceedings under
the above and other enactments that
would make such assessments void but
WnI1ld mn 10
enumerate them in detail this time There
are substantial grounds for believing, that
some of the principal provisions
OF our city charter, and statutes
under which our city officials have been
and are now acting are in violation of con-
stitutional law and cannot stand the test
OF Judicial criticism and investigation. 1t
has been urged that those property owners
who petitioned for improvements abutting
their property, are stopped from question
ioning the jurisdiction, which they spe-
cially invoked in the premises. However
just this position may be in point Of NOR
ais, will it bear the test of legal criticism,
when we remember that the city council
derives its power to make these assess
ments through valid laws and ordinances.
and not by acts of private parties who cam
not exercise judicial functions over sub
ject matter that has been delegated to
particular body, or tribunal. rhe state
legislature can provide for
A VALID REAssEssMENT
when the original one has failed through
some irregularity. which ought in Justice
and equity to be sustained. Judge Dillon,
in speaking Of the subject, says: ''The
original assessment for local improve
ment proving insufficient, the legislature
may constitutionally authorize reassess-
ment, and make it operate upon the prop
erty benehtted-that is, upon all that was
originally liable to contribute. Some
who have already paid their assess
ments contend, that If others are
not made TO pay theirs that they propose
to sue the city for money paid. Tt would
seem that such persons would have pretty
hard work to maintain their actions un-
less they were compelled to pay to prevent
q seizure OF their property, and paid un-
der protest; for, money paid with knowl-
edge OF the facts, or where they may be
readily ascertained, but ignorance of the
law excuses nobody, and cannot form the
basis of civil suit.
Before concluding this article let me
state, that in my opinion, Notwithstanding
the many irregularities of our city officials,
much undeserved abuse has been heaped
upon them. Citizens urged the improve
ments to be made and when made are dill
atOry in paying for them, and the contract
ors and employees who have done the work
want their pay, and blame the council be-
cause they cannot get it, while the parties
IN the background are seldom criticised for
their delinquencies. 1t will hardly be
questioned that there is always
MORE OR LESS 'ssNIDE'' WORK
going on in different departments of mu-
nlcipal government. This cannot be helped
with existing political machinery it is in
adequate to the end. The management of
city's business is a vast undertaking in
yolying many and varied responsibilities.
Lit is impossible for seven or eight men,
even if they could give their whole time
to 1T, to be situated, so that they might
know just what is going on in every de-
partment, and in every locality, every hour
IN each day OF the year, and keep all the
municipal machinery moving to nicetv,
without peculation, fraud, or error. Re
forms must begin with the citizens them
selves. In some cities, citizens commit
tees have been formed for the purpose of
keeping a lookout IN municipal affairs
The unfortunate condition of our city's
finances, the blunders made with reference
to the late municipal bonds, ought to-
prompt the incoming administration to
pursue a conservative policy to take fre-
quent bearings, to find out as near as NAV
be that which is right or wrong, and en-
deavor to base their actions on correct
principles, and prepare to move sure-foot-
edly In the future. MAR1Us
Closing Ont Sale.
The firm of Conachy and Cormier, dealers
in groceries and provisions, will close out
their stock in the next thirty DAYS. Call