St. Paul daily globe., 1893-07-12
THE WATER BOARD.
A Ruling of the Court Which
Makes it's Powers Peculiar,

To the Editor of the Globe.
Will you please publish the following
statement respecting the peculiar and
rather extraordinary position the
water board" of this city seems to
occupy? 1t has always been supposed
that the water board" was a part of
the municipal corporation, and not
separate organization, but a circum-
stance tranSpired in the district court
on the 18th OF April, 1898. before Judge
Otis. which plainly indicated that the
water board is simply a private. and
not municipal corporation. 1t was
discovered in this way: An action was
begun against the city for an alleged
damage caused by the water board"
When the case was called the city attor-
ney moved to dismiss OH the ground
that the city was not the proper party.
The motion was sustained by the court,
and the suit was dismissed on the proof
being shown that the water board''
was an Independent organization, and
now the said suit will have to be
brought directly against the water
board"
The peculiar circumstance of the case
is this: The water board for many
years has levied frontage assessment
(Which has been made perpetuaU of 10
cents per foot for the water pipes laid in
front of all property. Several hundreds
of thousands of dollars have been real
lied i'll this way and the same placed
upon the general tax list of the city to
become a lien upon the property. thus
making g forced collection of the as
sesSment. This assessment, though
having a form of law, must be illegal
as well as unjust, and for which the
property owner receives no considera-
NJ INnI rv1rith h
out limit, cannot be justified. 1t is not
tax; it is an assessment, and is made
by an organization (which cannot create
lien. 1t is mere sham. and cannot
be enforced.
If the city is not accountable for dam
age caused by the water board, which
has been determined by the court, it
being shown to be an independent or
ganiZatiOn, no lein can be created
against real property for any of the
assessments. The municipality cannot
levy an assessment, because the board
is outside of its jurisdiction. The water
board itself can only charge for the con-
sumption of the water by the parties
who have applied for its use and for
making the necessary connections. The
city pays for the water used for the fire
| organization aud other purposes, and, to
meet that expenditure, tax is levied
against the property holders. There
| fore the 10 per cent per foot assessment
| is in the nature of double tax; and,
| being perpetual, it cannot be justified,
even by constitutional amendment,
| which was sprung upon the taxpayers
| by the city attorney then i'll office for
| that express purpose. 1t was adopted
more by default than in any other way.
Constitutions are created by cOnven-
tionS, and when changed should he re-
viSed by convention. The manner of
| amending the constitution as practiced
III this state is farce. The voters
| know nothing about it. The constitu-
| tiOnal amendment under which the
water board assumes the power to tax
the 10 cents per running foot is local
matter and made for sinister purpose.
A hundred thousand dollars per year
is wrested from the people in this way,
and it is difficult to tell what is even
done with the money. There are not
ten property owners in the city but
what would vote for its repeal. The
unjust system now practiced in St. Paul
is treble tax. The water consumer is
charged for the water he uses. He is also
taxed for the water used by the city for
fire and other purposes. Also for the
use of the water used for Sprinkling,
and, independent of all this, he has to
| pay Ine outrageous assessment OF lU
cents per foot (perpetually) for the
| pipes fronting his property. All this is
supposed to be justified. because they
obtained constitutional amendment to
carry the peculiar scheme.
| The problem of taxation is a difficult
one to solve, but it should be done in
the most conservative way, collecting
| nothing more than sufficient for the
legitimate expenses of the municipal
| government. Then there will be no
cause of complaint. TAXPAYER.