The morning times. [volume] (Washington, D.C.) 1895-1897, 1896-03-07
FOR WATER MAIN L[V|Es
Bill Prepared With Provision for
Reassessment.
BURGDORF DECISION ECHO
Point Out the In Justice
of Permitting Property Benefited
toRemainUntaxed -Suggesti
an Increase in Water Tax May BE
Necessary-Excise Cases Decided.

W cdtil hOlSG Oh congress lne ufaIl OF Il
bill for the reassessment of water main
taxes in the District which, if adopted,
will authorize and require the Commits
sioners TO reassess, according 10 existing
laws, all taxes for such mains which
have been, or may be hereafter, set aside
by the courts for any reason other than
the right of the public authorities TO
make the levy.
This proposed legislation is to recover
TO the District the large amount which has
been refunded under the operations OF the
well-known Burgdorf decision.
In explanation of their desire for the en-
actment of the measure, the Commissioners
say that under and by authority of the
act of the Legislative 4 ssembly, approved
January %, 1873, and by acts of Con-
greSs of several dates, mains have been laid
throughout the District To supply water to
the citizens, and assess ments have been
levied To defray the expense of the work.
These assess nents, as viii be recalled
were levied by the water registrar in ac-
cordance with the act OF the Legislative
Assembly referred to.
The act OF July /, 1882, placed the oper-
ations of the water department under
the direct ion of the engineer department,
subjectto the control OF the Commissioners,
and for the first time an appropriation
was made for the expenses, but no pro-
vision was made for the salary of the
water registrar.
BURGDORF BRINGS SUIT.
This omission was construed by the
District authorities 10 mean an abolition
OF the office OF water registrar and TO
confer upon chief clerk, who was pro-
vidcd for in the bin, such OF the duties
OF the position as were not assumed
by the Commissioners of the engineers
office" and upon this Interpretation of
the law assessments were levied by the
Commissioners
Following this in 1894 came the lti-
cation instituted by Augustus Burgdorf
to quash certain water main taxes on
various grounds and a decision in his
favor in a case carried to the court OF
appeals, the particulars OF which are
still fresh in memory.
The Commissioners cite that the court of
appeals, in tile Burgdorf case, confirmed the
validity and sufficlcncy OF the laws under
which water mains wcrelaidand assessments
| levied, but quaslied the particular assess
ments in that case on the ground that they
had not beenlevied, and the required notices
| given by the water registrar. Under this
decision it was held that the office Of
registrar was abolished.
The effect of tue decision was to set aside
all water main assessments levied between
/ May &c, $50, and June 4, 1885, the gross
| amount lost To the District being S21O,.
/ 1875. The amount cancelled by orders
| OF the court and the Commissioners to
| February 10, 1896, is S13O.5l9.32, leaving
! q balance of $50, 25S.63 outstanding, but
not collectible.
1T is evident. the Commits toner's say that
thetaxes have not been excessive. compared
with the cost OF the work. and the col
| lections have not been sufficient to cover
| that cost. A part OF the cost, they add, as
| we'll as the entire cost Of maintenance. is
| paid from water rents derived largely from
| property that has paid for other mains.
MAY INCREASE THE TAX.
UNLESS these taxes can be collected, y
| continued the Commissioners, lit will be
| necessary, in order TO provide for the eX-
| penSes OF the Water Department, to make
an appropriation to supply a deficiency OF
| to increase the water rents. 1t would be an
| evident injustice to increase the rents on
property that has already paid for the
| water supply, in orderto Introduce water to
| other property without cost.
| THE proposed bill provides for the re-
assessment of such water main taxes as
| have been set aside for the merest teChni-
| cality, as, for example, THE failure of q
particular official TO authenticate the as
| sessments and serve the required notice.
In every other respect considered by the
court OF appeals the validity OF the assess
mentS was confirmed
The Commissioners give the bill strong
Endorsement.
There are still twentyfour to be heard
of those saloon-keepers cited by the excise
| board to show cause why their applica-
tons shall not be rejected, and when these
| are disposed of there will be about one
hundred left for consideration. These last
| embrace the saloons loca ted in the Division,
| of which there are fifteen.
1t is understood that the board Will have
all the ''held up cases settled within a
month, and the start made indicates that
it may be accomplished in less time There
will be fourteen heard today and thirteen
on Monday.
Not all of the proprietors cited are es-
Gaping the penalty of dereliction, although
in great majority Of cases the offense
charged is of a trivial character, and nc
trouble is experienced in explaining.
CASES PASSED UPON.
The board passed upon twenty-five appli-
cations for retail licenses yesterday, with
results as follows
Acknowledgements Achstetter No. 22S
! c street northeast; Thomas E. Barron, No
1898 NJ street northwest; John E. Bonini
No. 731 North Capitol street; Alfred W
Clark, No. 1 1913 street northeast; Barthol
omew Daily, No. 721 Eighth street south
| east: Mary Daugherty, No. 729 Virginia
| avenue southeast; Peter Trometer, No. 907
| Twenty-first street northwest; Michael J
Harrington, No. 1901 Third street north
east; william Harnedy, No. 1888 II street
northwest; Hugh Harten, No. 1882 G
street northwest; Jeremiah McCarty, No
633 II street northwest; Giuseppe Manta
care, No. Oil d street northwest; John j
o'Keefe, No. 1928 H street northeast
David Riordan, No. 203 street northwest
Christ. j. Schaefer, No. 139 B street
southeast: Henry Xander, No. 800 Four-and
a-haIf street southwest.
Rejected-John b. Buckley, No. 1886 7
street northwest; John II. Jameson, No
1902 B street southeast; W. A. Lazenby
No. 40 G street southwest: Casper J. Misel
No. 200 Eleventh street southeast: Michae
0'Leary, No. 1884 Twenty-sixth street
northwest.
| o
Called Upon the Commission.
Minister Andrade and the Counsel 70
| 10 n mi Cor do ,,