The evening times., 1896-07-21
seek RELIEF N COURT.
Taxpayers Objectt to Reassess-
ment of Property.
GROUNDS oFTHE PROTEST
Absence of Authority on the Part Of
the Commissioners One of the Rea-
sDns-They Also Failed to Give
Notice of Contemplated Improve
ments, as Provided by Law.

The property owners WHO have protest
reassessnent OF their property Under the
act of April "a, 1886, have. as was pre-
dicted in The Times, appealed to the courts,
ana I; petition for writ Of prohibition
restraining the Commissioners from de-
ternining any question in regard To the
Malcolm Hufty, ID. w. Baker and Henry
NJ. Earle. the legal representatives OF mole
than score OF citizens WHO are opposed
to what they telieye would be an unwar
raDted step on the part or the District
triunivirate. Two exhibits, fully Gescrib-
ing the property, were filed with the pe-
tition.
The petition, rather voiuminous one.
se,s forth in the beginning the authority
vested in the Commits .oners under the act
of A Dugust Z, 1894. to improve alleys and
side aiks and construct sewers. Ii IS
claimed that they were constituted tie
board OF assessors to perform such Judicial
and ministerial acts as were necessary to
iDdNC ouCu improvements.
The same act provides that the Ccmniis-
sioners shall give notice by advertisement.
twice week for two weeks, in some
newspaper published in the City OF Wash
ington, of any assessment work proposed
to be done By them under this act, desig-
mating the location and the kind of work TO
be done, specifying the kind Of Materials to
be used, the estimated cost of the improve
ment, and fixing time and place when and
were said property owners to be assessed
can appear and present objections thereto,
and for u hearing thereof.
The act further provided that after
said assessment was made onchaif should
be charged against the property improved
10 become lien thereon upon To.ice he
ing given 10 the owner, and that in Sc OF
non-payment ofthe assessment the property
could be sold.
FAILED TO GIVE DUE NOTICE.
Notwithstanding this peren.ptory man
ner of proceeding i'll making assessments as
provided under the law, it was averred
the Commissioners proceeded TO make Ger
tain Improvements on the property OF the
realtors without giving them the proper
notice, and certain char ges and specialtaXes
were assessed against their property.
BY reason OF the defect in the notice, the
assessments and special liens Were quashed
in the supreme court of the District BY
proceedings in certiorari.
An act wa S passed April "a, l $50, for the
purpose OF curing the defects i'll those in
stances where general assess ments or
taxes We're quashed, or were liable to be
quashed, on technicalities. 1t provided
that rcassessment should be made in ninty
day after the Judgment OF the court setting
aside the assessments.
The act did not, however, il was af-
| firmed. attempt to cure any defe ct in
| substance, or any defective notice, or
| want of notice, which was a condition pre-
| celent 10 give the Commissioner the au-
4 thority to levy the said tax or make the
| Improvement Neither have the Commis-
| sioners any authority under the act to
| attempt to reassess any taxes or special
| assessments which were absolutely null
and void by reason OF them having been
| levied by the Commissioners without au-
| thority and without due process OF Jaw.
| Notwithstanding that the act of April "a
| 1895, only bestowed the power upon the
| Commissioners to reassess for improve
| ments and general taxes, said the petition
| in certain cases the Commissioners have IN
| warrantedly attempted to proceed, and ar,
| about to proceed to reassess all special
| assessments for Improvements in all case
in which the taxes were quashed for wal.
OF proper authority.
THEIR AUTHORITY QUESTIONED.
The petition sets forth the fact, airead,
known, that q hearing of the lawyers wa:
mad before the Commissioners. Still 1t !:
| believed the latter will attempt to make q
| reassessment against the REALTORS.
In this, it is contended, they are wlthou,
authority of law. Anyhow, it is judcia
| question, and the Commiss .ouer5, in acting
or attempting TO act in the premises. arr
| acting in judicial and not in mereI,
ministerial capacity.
| The prayer for j writ of prohibition is
| therefore made, restraining the District of
| ficials from hearing or from determining
any question in regard to the reassessmen
uf the special assessments or from levy
ing or attempting to levy any special as
sessments in cases wherein the as
sessments heretofore made were Quashe,
by reason OF a defective notice or any no
tice or publication or want of aUtLo-it,
in the Commissioners to levy them
Judge Hagner this afternoon granted
temporary restraining order, returnable Au
gust 8.