Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-01-20
THE PAVING ASSESSMENTS
ONE SUBJECT OF MUCH talk
JUST NOW.
The Card of 1901 and It's Prom
ises-Yiews Of Mas or Patton
and w. T. f'enniman Quota
tiOus From the Act.

Cerning the collection OF the hrst install.
ment of the assessments for street paw
ing, started bv the preliminary steps
for an Injunction suit, it will be of inter
est to print the expression in "a card to
voters" printed in THE CITIZEN, April
80, 1891, and for several days before
and after. The card is signed by c. D,
Blanton, H. T. Collins. Fred. A. Hull, J.
D. Brevard. W. T. Reynolds, T. c.
Brown, T. c. Starnes and e. B. Leon
ard, candidates for election at the time
the Improvement bonds were voted. The
card SAYS:
During our term of Office, in case any
one is unable to pay the assessment or
his lot, we will not allow his lot TO bt
sold so long as he will pay 8 per cent. in
terest on the assessment"
On Friday evening, May 1. 1891, at q
meeting OF colored people, Elder Kesslel
said the colored people "were not SO
much opposed to improvements as to
the provisions OF the bill which said the
property owners should be sold out il
the first paw ment was not met at once" f"
c. E Graham referred those present to
the candidates card already alluded to-
Alderman Starnes is the only one Of the
signers now in Office.
The MAJ Or's Yiews.
Mayor Patton, who strenuously op.
posed the bond proposition when it was
before the people, told THE CITIZEN yes.
terday he had read the act time and time
again and did not see how an intelligent
man who had thoroughly studied the
bill could have voted tor the proposition.
But, now that it had carried and be was
Mayor he would do his duty as pointed
out by he act. He could not see that
the card alluded to had any legal signif,
cance whatever. He was satisfied that
the act was inequitahle and unjust. 1t
was clearly Tin, quail for person with a
lot worth perhaps So, 500 to pay 5000
i'll assessment while the owner Of a prop.
erty worth manv times that amount
should have to pay $50 or such matter
simply because the assessment was based
entirely on the frontage of the lot.
Mayor Patton said, concerning the
proposition to postpone the collection OF
The assessment, he did not see how the
Board of Aldermen, sworn to carry out
the law, could take such stand, but il
it could and should do so he would be
guided entirely its action. He thought
the proper way for the property owners
to test the matter would be for some
owner to tender his first installment
notifying the authorities that he did sc
under protest. Then let a friendly suit
be made up, taking few of the mos
notable cases in which inequality i.
claimed and have the courts decide upor
| it.
A Property Owners View.
W. I. Penniman, treasurer of the Com
mittee of Ten appointed to arrange th'
details preliminary to the proposed suit
told THE CITIZEN today that he severa
months ago did considerable work en-
deavoring to have made up friendly
suit whereby the points OF ditierenc,
between the city and the pr operty o wners
could be settled at the last term of tht
Supreme court. Nothing definite, how
ever, came OF his work, as the propert,
owners were not then as much disposed
to 60 into the case as they now are. Mr.
Penniman says he is perfectly willing tC
pay his onc-third OF the cost of paving
but does not think the cost of widening
the street, including the payment o
damages and the building of retaining
walls. should be accounted as parl
of the cost in lcvying the assessment
He does not believe the cost of culvert.
should be included, but the ct probably
settles tina, question. In his opinion tn.
cost OF walls aud the damages shoult
have been paid by the city from tn,
general fund. This was, he says, sub
ject of discussion bv the Joint Board ant
decided in iavor If paying the items iron
the improvement fund because the gen.
eral fund was not in condition to carr,
on the work and rather than have tin
paving cease. He thinks the money thu
spent should have been loan to th
general fund. AS for himself he wishes tt
pay whatever of the assessment is lust
and no more.
| Terms of Asse ssm ents.
Concerning the terms of as sssments
the Improvement act, section 6, says il
part,
THE amount of assessments for sucl
streets Improvement and for sidewalk
exclusive OF curbing, and for roadways
as hercinbeiore provided, on each picc
of real estate being estimated as abov
directed, shall be lien on such rea
estate, and the said mayor and Aldermen
shall cause the city engineer to max
a survey and a report of the amount q
work done, the cost thereof, upon whic
street and sidewalk, the names of tac
abutting owners thereon. the number O
feet of each lot, and the pro rata shar
of such cost of such street and side val
impr ovement to be ass, ssed against suc
real estate. ardupon the adoption OF sal,
report the said lien shall become complet
and operative, which said report shall b
| lTuuSCTlutu upon lUc ulluutcS OI SAT-
Board OF Aldermen. aud the amount O
said lien of said assessment against al
pr perty abu ting on said street as afore
said shall become due as follows: One
sixth in six months and the balance il
five equal annual installments. The adup
tion of said report OF said surveyor b.
such Board of Aldermen shall constitut
the said lien tor the amount therein state,
against each of the separate pieces of rca
estate therein described, and the sam
shall become due and payable as atore
said, and in case of failure to pay eithe
of said assessments in thirty days ate
it's maturity, then all shall become due a
once and an execution shall issue bv tn
clerk of said Board of Aldermen, directe
to the marshal of said city. who sha
advertise tie land upon which said d.
taulting assessments are made, as afor,
said, or required by law for sale OF Ian
for taxation under the pro visions of til
cherter Of said city and shall sell til
same and give to the purchasers a receip
| A. . A. Il 4 n -