Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-02-25
From The Supreme Court to Settle the
Status of the Street Laws of
1887 and 1889, and
DEFINING THE CITY CHARTER.
Difficulty of Passing General improvement
Acts Which Will Satisfy
All Cities.
PAST LEGISLATION FOR POOR MEN.
An Old System Under Which Courc,nsn Had Ia
Eustle

Considerable disappointment was felt yes-
terdsy in the City Attorneys Office at the
non-arrival of the Supreme Court opinion
on the street acts, which, it was expected,
would be handed down from the bench in
the morning.
While the city officials are anxious to
see the opinion, the delay is not entirely un-
satisfactory, as it shows that the Supreme
Court is giving the subject careful consider
alton. 1t is expected that the opinion will
deal not only with the street acts. but will
also cover the city charter in such a manner
as to make solid foundation for all future
legislation, and prevent much litigation.
Assistant City Attorney House was asked
yesterday for his opinion on street legisla-
tion generally, and the best method of
making Improvements aRd assessing dam
ages and benefits. With some hesitation
Mr.. House said: 'In my opinion tne.street
acts Of 1887 and 1855 are more reasonable
than those existing in any other city of the
size in the country. Of course, they are not
perfect, but they are the best OF which 1
have any knowledge.
''In the first place, it must be remem-
bered that system which would work well
in Pittsburs would not suit Scranton, Har-
risburg or Philadelphia. Different cities
have different needs, and it would be impos-
sibe to pass general law which suit them
all. Now take the system in force in Phlla-
delphia under an old law. They have two
boards of viewers, each composed of six men,
each member receiving S. day. When an
improvement is asked for, one board goes
out to view the place and NAV spend five or
SIX days at it. The other six men take
hand, and spend as much time making the
assessments. To do the work performed by
the Pittsburg Board of Viewers Philadelphia
would require q or so viewers
Then their manner of assessment is pc
culiar. A 15-inch sewer may be laid on a
street at a cost of 81 foot, but the property
holders are assessed 81 50. On the next a
30-lnch sewer is laid, to provide perhaps for
drainage from the hIllsides. The cost
of this work may be 50 80 a foot
but the property owners pay
but 81 80. We don't even things up that
way here. If street needs big sewer to
accommodate the drainage from side streets,
the residents on the latter streets are as
sessed for the benefits. and no one pays more
than the actual cost of the work.
Helping the Poor Man.
Under the act of 1864 and its supple
ments the assessments for improvements had
to be paid for within six months from the
time of completion. Now four months of
this time was consumed, if the job was big
one, in passing upon the work of the engineer
ing bureau and the acceptance of Councils.
Then the assessments were turned over to the
City Treasurer for collection. He would send
nut his notice. and the property holder would
have less than two months from the first notifi-
cation of the amount due to pay perhaps sew
eral hundred dollars. If he failed to pay on
time we would have TO file a lien, which would
add $50 or $40 more to the bill
The act of 1857 changed this, and gave the
property-holders six months from the accept
ance OF the work by Councils in which to paw
grace. Now, when the City Treasurer turns
over the uncolected assessments to us we have
time to notify the delinquents, and by going to
slittle extra trouble in the way Of taking the
money on instalments up to the time the law
provides that a lien shall be filed, we are en-
abled 10 save II any poor man from trouble
and without any risk to the city.
When Councilmen Had 10 Hustle.
'Some objections are raised as to the method
Of securing improvements, and perhaps it does
infict hardship in some cases. Some years ago
PittsburE paid for all street improvements by
general taxation. The result of this was that
the Councilmen had TO hustle to get ordinances
passed giving their wards improvements. An
active Councilman would often get more than
his share. and in this way streets which did not
need it were graded and paved. while other
thorouChfareS which required attention much
more did not get il. 1t WAS because this system
proved a failure that street act of 1854 was
passed
In many cities in the country councils de-
termine just what streets shall be paved,
graded and severed. An ordinance is passed
authorizing the Work, determining the charac-
ter of pavement or other material to be used
and the property-owner has no appeal. All he
has TO do is to pay the bill. Now think our
System is much more reasonable than that.
Even under our system many needed i'm
proVements are held back owing to the dsincli-
nation of large property-owners to improve
their holdings. They are content to let their
land be idle and advance in value as the city
grows, and do not care to pay for street I'm
puovements in and about their property.
Keeping Viewers Out of Politics.
The manner of appointing the members of
the Board Of Viewers under the acts of 1857
and 1859 have been criticised very sharply. At
one time the board was appointed by Councils
and naturally politics entered into the election,
Then this was changed by placing the appoint
ing power in the Court of Quarter Sessions
This duty devolved upon the one Judge who
happened to be presiding in the court at that
time. This was changed again, and the matter
placed in the Court of Common Pleas. Neither
court is particularizeo, and the appointment
can be asked tor in either No. or No. 2
Taken all in all. believe that the street
laws governing this city are the best in the
country, and I believe it would be worth the
trouble of searching the statutes of all the
states for the purpose of finding better street
laws than ours, if they exist"
E1Danca is all
hear from the supreme Court, as upon the de-
cision of that body depends the amount of
money TO be raised to meet the expenses of the
coming fiscal year. Under the circumstances
il is hardly probable that the appropriation or
diaauce will be passed this month, as is usually
the custom.