The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-29
STEWART GRADE TAX
The Assessment Resisted bv
,Property-Gwners.
MEETING WITH A COMMITTEE.
Discussion on the Means by Which the
Tax May Be Made More Equitable
No Decision Reached.

large number OF property-owners interested
IN the grading OF Stewart street, met the iudic-
lhry committee OF the city council last night
me committee was represented by Alderman
Miller, Delegates Willis, Lansing and shipley.
Wy Engineer Gardner was present 70 explain
the plat, Judge Jacobs represented the citys
legal interest and Mr.. Scion b. Williams sp-
peared Tor the property-owners. The discus
sion lasted about two hours and some good
speeches were made by several of the property
owners, but the committee arrived at no con-
clusion. They adjourned to meet again in
lew days. Judge Jacobs has prepared an ordin-
ance which he hopes will give them at least
partial relief Mr.. Shipley was elected chair
man and Judge Jacobs explained the provisions
oil the Freehodcrs charter governing assess
ments FOR street improvements, comparing ii
with the charter OF 1856
The objection OF P H. Lewis was first consid-
cred and after investigation il was decided TO be
not well taken
Mr. j. Johnson owning lot g. block 81, heirs of
s. A. Bells second addition, objected because he
had to pay for Depot street; he was willing to
pay half on each street.
Judge Jacobs advised the committee that the
assessment was IN accordance with the charter,
but 1t was In their power to modify the assess
men.
Mr.. Roswell Scott, owner OF lot e. block Al,
heirs OF s A. Bells second addition, objected
because his lot is on Eleventh street and he is
assessed at the same price as lots worth four
times as much. He addressed the committee,
explaining that the improvement was petit
toned for and ordered under the old charter.
AT that time he WINS satisfied with the assess
ment made then, and he declared that the
whole proceeding was in the nature of a con-
tract, and an attempt to levy en- assessment now
under a new system was the impairment of that
contract He did not believe the city could
collect 81 of the tax If they proceeded under
this assessment
Judge Jacobs admitted the facts and said he
had also held the views expressed by Mr.. Scott,
but the supreme court, in the case of Wilson
against the city, has decided that in such a
the assessment must be made in accordance
with the provisions of the new charter, even IL
the work was begun under the old one.
Mr.. Scott asked if 1t was not true that an as
sessment roll had been made out under the old
charter.
Judge Jacobs said If that were so the council
would have no need make new roll.
Mr. Shipley said the new council, when 1t
came In, found there was no assessment roll.
City Engineer Gardner explained that it was
prepared on the assumption that il could be
made under the old charter, but before II was
approved the decision OF the supreme court had
been rendered.
One OF the property-owners said under the old
roll his assessment was SIS, and now 1t was
nearly double.
Judge Jacobs said the old roll was valueless
because it had been improperly made. The rule
OF valuation had been changed, which would
account for the discrepancy.
The Oregon Furniture Company sent in q
written protest, but was not represented.
Mr.. j. G. Peterson objected by petition, as his
strip had been assessed Tor Olive street and had
no frontage on Stewart.
Nr. J. r. Andrews protested that the whole
assessment was unjust and Illegal. II he could
not get fair assessment from the council he
intended to go to court and see II he couldn't
get Justice there. His chief point is that the
assessment was not made in accordance with
the petition for the improvement
Attorney Williams said the main objection
was to including the Denny hotel property cut.
The property-owners felt 1t was gross in
justice to saddle them with burden which
brought no benefit He suggested making two
districts, one from Fourth to West and one from
Fourth to Depot. That was the improvement
for which the petition had been filed with
the council. II the present roll was insisted
upon not dollar would be collected between
Fourth and Depot. He repeated his advice that
two assessment districts be created.
Alderman Miller said that seemed good idea
and the only way out of the difficulty.
Judge Jacobs said the council had no power to
do it, they could then collect the part now OBJ
jected to, II the present directors choose TO pay
il voluntarily, but how were they to enforce
payment for the other part? The creation OF
the present district was absolutely legal. There
might be equity in the proposition 10 divide it
into two, but 1t absolutely beyond their
power They could not compel the people be.
tween Fourth and West to pay q dollar. That
was just the situation. They must keep within
the provisions of the charter; If they attempted
to proceed illegally everybody would escape liza
bility, and not one single person could be COM
PEELED to pay one cent.
Alderman Miller said Ii was evident an assess
ment roll had been made; he didn't see how
these people could be rung in on new one.
MI Snipley explained that the first attempt
was made under the old charter, but had TO be
abandoned and the assessment made on the
front-footage plan.
Mr. Benedict compIaiEed that he had been as
sessed sS95 while a nsighbor had only been
charged $780,
Judge Jacobs said that If every step had been
legally taken and every requirement. msde, the
power of the old council was sufficient, and
there was hope of escape. II the council &C
cepted the proposition to make two districts il
was Just as much saying 20 the people be-
tween Fourth and West that they need not pay
a dollar. He went into the general principles
governing assessments. showing how any law,
Just in ITSELF might work injustice IL certain
cases.
Mr.. Andrews said Mr.. Lewis hadn't paid his
grade tax for Madison street yet. and said it
was cheaper 10 fight tax in the court than
pay ii.
Judge Jacobs said he was not go sure that Mr..
Lewis would not have 10 pay yet.
The discussion then became general, several
of the property-owners addressing the commit
tee against the assessment The delegation thea
withdrew and the committee proceeded 70 con-
slider the arguments with q view TO arriving az
some compromise. Il was agreed that there
was great injustice in some case, aud the COM
mittee adjourned for the purpose OF making n
ouirv ~ 70 whether there was not some means
bv which the objections OF the owners might be
met without invaidating the q sessnent
The Temperance street assessment roll was
taken UP and protest from Nj. W. II. shoudy
was read The chief objection IS that there ia
detection on the street between John and Depot
streets; and other reasons were given. An opin-
ion OF Judge Jacobs was read. n which he said
the objection did not affect the validity OF the
assessment roll. lie explained that Mr.. Denny
had plated the street according TO the stakes,
but had discovered 81 error snd had replatted
il on the right lines. Sull, as the city council
had no powcr 70 enter upon condemnation pro-
cee5ings, nothing had been done about the
matter of uniformly widening the street. He
added that Mr.. Hammond, shortly before his
death, told the Judge he felt satisfied the new