Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-16
An Important Opinion as to Dupli-
cate Assessments for Water Mains.
MR.. COLUMBUS ALEXANDER
Will Have His Recent Assessment Cancelled
II the Commissioners Follow the Attor-
ney's Advice-Many Other Cases win BE
Benefited by This Opinion.

ION was called Tor upon the application OF Mr..
Columbus Alexander to be relieved Of an
assessment Of s699 43 levied as water main
tax against the 30th street side of square ll3 in
Georgetown. Mr.. Alexander's contention is
that this square has been assessed twice
for. water main. Once in 1859 by
the late corporation of Georgetown and again in
1898 by the District of Columbia. ATTORNEY
Thomas holds il square l1S was assessed in 1859
for water main. then BY the sixth section
OF the act of the late legislative assembly of
this District in regard to water, which pro-
vldes I'm no case shall the same lot be
chargeable with more than one tax for the lay
ing OF water mains and the erection of fire
plugs" the second assessment is void. Contin-
uing, Mr.. Thomas saws:
by the third section Of an ordinance Of
Georgetown for the distribution of Potomac
water, approved May 3. 1859, it was provided
That to enaUle this corporation to redeem
said stock and pay interest thereon and other
expenses attending the introduction and
maintenance of the water establishment, there
be and hereby is levied water tax of 60 cents
per foot on every front foot on each side of
every street. lane o. alley through which the
water mains have been or may be laid here
after. and that said tax shall be collected by
the collector Of this corporation under the laws
already passed for the collection Of the general
tax of the town."
When the case was looked up by the water de-
partment it was found that the records Of
Georgetown have been lost or DESTROYED and
there was no means of determining whether the
tax for the water main laid in 1859 had been
paid or not In this connection Mr.. Thomas
says:
"As before stated, the tax was levied, and it
was made the duty of the collector OF the
corporation Of Georgetown to collect it. It
is a principle Of the law Of evidence
that next to positive or direct is
circumstantial evidence, or the doctrine Of
prescriptions. 1t is to be presumed that pub
lie officers perform their duties. Since. there
fore, in The particular case, it is clear tina. the
water main tax was levied against Mr..
Alexander's lot in 1853, which the law made
it the duty of the collector of George
town to collect. it may be very safely inferred,
/ think, that the collector, being q public off,
Ger, did his duty For these reasons am of
opinion the assessment Of 1898 against Mr..
Alexander's lot was unauthorized and should
be cancelled"
1t is understood that there are a large num-
Der Of cases that will be benefited by the above
opinion.
NO FUNDS EXCEPT FOB 16TH srREEr.
Replying to numerous requests for the
prompt extension Of Connecticut avenue. 10th
street, Rhode Island avenue and North Capitol
street. Capt. Powell, the Engineer Commits
sloner, states that there are no funds appli-
street. which work has been commenced and will
not be interfered with. There are no funds avail.
able at all, he Gays, for the condemnation Of
rights Of way on the streets mentioned or any
othera
A CONFUSION OF NUMBERS.
The attention of the Commissioners has been
called to the confusion which arises on the
south side Of D street between 9Th and It'll by
reason Of the similarity Of house numbers. and
the residents request the Commissioners to
remedy the matter.
NO REASON FOR DESTROYING THE BUILDING.
A number OF the residents and property
owners in the vicinity of 1ls 4th street north
east united in petition to the Commissioners
recently to have the house in question
taken down. as it is unsanitary and
overcrowded. An examination by one
OF the sanitary inspectors Of the
health Office did not disclose any necessity for
destroying the building. although unsanitary
conditions were found to exist and ordered
abated.
OBJECTS TO A DANCING ACADEMY.
Frank W. Hsckett writes to the Commission
ers today that he understands that lots 81 and
50, in square PA, have been sold to a professor
Of dancing. who proposes to erect thereon q
hall for dancing academy. He requests
that no permit be granted for any such
purpose until the neighbors residing on N
street in that square have had an opportunity
to protest. The street is strictly q residence
one and hail of that character would disturb
tn. quiet and peace Of the neighborhood.
SOLVING THE ASPHALT PROBLEM.
The long fight for the contract for laying
asphalt pavement in the District of Columbia
during the coming fiscal year is drawing to a
close. 1t will be recalled that THE STAR
a. i'll
the lermudez Asphalt Company of New
York to break the alleged monopoly in this clty
When bids were opened two weeks ago for the
laying of asphalt pavements in the city this new
company. represented by Thomas IL. Thomas,
was found to have underbid the Barber As
phalt Company on every street.
According 20 an act of Congress the Commits
sioners are prohibited from LAYING anything
but the very best material and are only allowed
to pay therefor 1925 per square yard. The
question at once arose whether this new
material offered by the Bernudez company
was the equal of the Trinidad product Prof
De Smedt, who, it will be -erembered. was for
many years the chemist for the District. and
who is the inventor c. the asphalt pavement.
was employed by this new company. and he
contended that the material it proposed to use
came from Venezuela and was chemically purer
and infinitely better sSar the Trinidad article.
Captain Fiebege- WAS detailed 20 go to South
Amboy, n. j.. where the works of the new
company are located The story of his trip,
together with the report OF Prof. Richard
son, the District chemist. on the samples of
the new asphalt which he collected there have
already appeared in TIE STAR. Not satisfied,
however, with his investigation. Capt. Fie-
beger was ordered to proceed to De-
troit, where this new company had laid a
pavement. for the purpose OF inspecting the
wearing surface and determining. If possible, its
adaptability for street pavements.
CAPT. FIEBEGEEs REPORT.
This afternoon Capt. Fiebeger forwarded
to the Engineer Commissioner volu-n-
iuous report upon the subject matter OF
asphalt pavement and the practical difference
between the Trinidad asphalt and tie Bermu-
DEE asphalt. The report rehearses the chemical
tests made by the District chemist the conten-
ton of the chemical experts OF both asphalt
companies, as well as Capt Fiebegers
Views and recommendations. Concluding his
report, Capt. Fiebeger says: II am there.
fore OF the opinion that we should treat
complications in asphalt pavements as we do
all other work IN the District aud entirely re-
ject no bids which give promise of good work.
L believe it is for the interes: of the Dis
trict to encourage the establishment of a
plant of the Bsrmudez Asphalt Compauy
in this city. For this purpose i recommend
the award Of q. 600 square yards to nat COM
pany, under such conditions and bonds as the
Commissioners may deem necessary The
specifications already require it 10 guarantee the
pavements for five wears, and il during that
time thew praye irfe IN tho lac& ,,ara,,ao.,