The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-12-17

Thomas w. Miller, formerly city
solicitor for Roanoke, was interviewed
Yesterday by a TINES reporter in regard
to the recent decision of the supreme
court in which it was decided to be un-
constitutional to assess the AUDITING
property owners for street improve
ments. Mr.. Miller said
81 have not seen tho text upon which
this decision was based. The previous
decisions of this court in the cases of
LYnchburg and Norfolk have been based
on the grounds that the assessments for
street improvements were illegal and not
within the constitutional provision; that
all taxation shall be equal and uniform.
AS these principles have been twice
enumerated by the supreme court, the
committee in dra' ting our charter was
certainly fully justified in the assurance
that the law would stand, as it h ad been
twice distinctly enunciated by the court
Of appeals Then the committee in
serted proviso, that was intended to
cover the only point upon which doubts
had been expressed, that is tho noces-
slty OF giving notice to property. owners
of the Intend ed improvements and as
sessments.
After tho now charter was granted
by the legislature DR.. Gale, with a num-
Der OF other property holders, had a
conversation with several couucilmen
and myself in regard to giving the prop
erty owners an opportunity to pay their
assessments In two or three annual in
stallments instead of 10 DAYS, as tho
charter provided. At tho request of
Mr.. Watts, chairman of the street com.
mlttee. gave the matter very close at
tentlon and embodied my views in q lot
ter to Council, they being substantially
that the utmost StrictneSs should be OBJ
served in every step of the assessment
proceeding and after all the charter re-
Quirements had been complied with,
that the city could either enter into a
contract with each of the property hold
ers, that in consideration OF an exten-
sion in time to pay assessments, the
property holders agreed to waive all ir-
Irregularities and defects in the assess
ment proceedings.
This Wow seemed perfectly satisfac-
tory to the property owners and to
| Council. Now the supreme court ap-
pears to have absolutely reversed the
| decisions and to hold that assessments
for sire ct improvements constitute a
tax and that such assessments are
within the constitutional provision re-
| curing all taxation to be equal and uni :
| form.
las the matter stands now 1 think it
is questionable whether tho city has tho
right to issue improvement bonds bind
ing upon any particular district OF the
city, but rather that such improvements
can be made only in two ways, namoly,
by funds derived from sale of bonds is
sued by tho city as other bonds havo
been issued, or out of the general tax
fund. l have only read newspaper &C.
! counts of the recent decision. 1t NAV
be that after careful reading, would
change my vicws to some extent"
j. Allen Watts, formerly chairman Of
the street committee, was also seen by
TIMES reporter. Mr.. Watts said:
| I'm Wow uf the trouble that had al
ready arisen I advised Council to act
slowly and prepared plan by which
the streets could be improved. At tho
| session CT tho court of appeals held in
| Wytheville there was a great deal of
discussion amongst tho judges and law
Yers as to the question of the consti.u.
tlonality OF assessing AUDITING property
owners for the improvement of streets.
did not hear any Judge express an
| opinion, but from what l was told bv
the lawyers 1 concluded that decision
had been rendered similar to the ono
recently rendered.
For this reason when tho question
OF street improvement came up in Coun-
Gil told them what l had heard and
cautioned them to 60 slowly. We de-
termined to pavo Jefferson street from
Railroad avenue to Campbell avenue,
| and II we succeeded with that work we
would go Oh with the balance OF the
work We advertised for bids on all
tho streets, but contemplated paving
| this section first, then waiting until
| there was Somo decision of the court.
| AT that tlme we though that this do
| ciSlon, which has just come out, would
be rendered either at Staunton or WITH
vile early in the fall, and that before
we got through with the work we would
know our position exactly. This was
| the true status of affairs when / left
| Council"
| EFFECTS OF THE DECISION ELSEWHERE.
RICHMOND, Dec. l6.-City Attorney
Meredith's letter in reft renee to the
supreme court of appeals decision. that
it is unconstitutional to assess AUDITING
property owners for street improve.
ments, was read In the city council last
night, and Mr. Meredith gave in detail
the effect of the opinion. He said that
it was clearly defined in the decision
that all street improvements must be
paid for by general taxation. He stated
that petition for rehearing Of the
case will be filed. Mr.. Meredith claimed
that If this opinion should stand the
decision in the Sands case must be void.
Tho attorney recommended that no
more work to be charged to property
owners be done until after the rehear.
ing Of the case. On motion, the com.
mittee instructed the city engineer to
push to completion all work now being
done on sidewalks and alleys, but to