The morning times., 1896-04-27

the WOODS, by the way, DelnS tne Par
ticular territory in which this act is
intended TO operate.
1t will be remembered that the act first
got into trouble by reason OF the kick
made by the owners whose property was
to be "benefited'' by the extension OF the
streets. The property owners whose
property was really to be bcDefited made
no Objection TO the smooth sailing of the
insidious provisions OF the bill and these
gentlemen spoke loud and high in its
favor in the board OF trade, and on the
street
There were, however, others, and, nota-
bly, so, people, who, owned land in what
is called the Denison and Leighton subdi-
vision. These were the first people
on whom the Commissioners tried their
medicine as contai ned in the scheme
of assessments which they had Inaugural ted.
All went we'll until the jures sat heavily
on the lands. These luries acted, OF
course, within the law, and the highway
act was then the law When the jury
acted. there was howl from Dan to Beer
sheba and the cry was raised that the Com
missioners were confiscatinG-that was
the word-the lands of the people who were
to be 'benefited."
While this was in progress there was an
attempt to rush through Congress the
bond bill, in which provisions were made
for the expenses OF the street extensions
and the immense sewer system of the city
revised and enlarged. This sewer bond
bill was supposed TO have been incubated
by the Commissioners, vino averred that
the whole expense for streets and sewers
would be 81 500, ,0Uo, and they had fig
ured ii out To the cent.
PECULIAR MATHEMATICS
1t came out in the course OF the crimina
tions and denominations that the Com
misSioners were enabled to make this kind
of a showing to Congress by means of their
peculiar kind OF Figuring in what they
called assessments, general and special.
The special benefit was an entirely Specu-
lative affair, the only possible object OF
which was to keep down the tremendous
total expense at the expense OF the prop
erty owners. One of the owners explained
the scheme this way:
Suppose the value OF my property was
81 900. 1t would be expected that of this
ST 900 the government would have to pay
$500 and | would pay $500. That, per
haps, was all right, if that was the true
value of my land and If | were benefited
to that extent. But by this arrangement
there would be a charge OF $500 on the
District or tie governments share. But
what did they do? In order to reduce the
aggregate amount they hit upon the idea
of special benefits.
benefit to the rest or my property by reason
of their running road In front of il, then
this $500 was subtracted from the 81 ,0O0,
leaving SIS 90, which would leave the charge
on the government only $400. In that way
it was easy by special confiscations 10
make up those figures of $7,5G0, ,0C0."
NOT a NEST EGG.
Bat the seven and a half million dollars
has been shown time and again TO have
been absolutely false, as the necessary
amount TO be provided in the sewer tond
bill. IL was demonstrated in arithmetic
before the board of trade that the cost
would be at least 100000, 900, and then the
board of trade got down off the roof.
appeal was AIKEN from the judgments
Of the juries ana the decision OF Judge Cox
was that the highway act was uncnnstitu-
tional. Judge Cox's law made decided
impression on Congressman many OF whom
talked out of school, and their opinions
were conveyed TO the board OF trade in
speeches, to the effect that the special
reason for their faith was that the highway
business was Il dclusion, snare, and
a folly.
The board Of trade and a very large per-
Ccntage of the citizens then took another
tack and made desperate effort to save
that part of the sewer bond bill which re-
lated only to sewers. A committee of 100
push the sewers in totally new bill, such
action having been previously indCrSed by
the board itself. The general opinion all
this time was that the court OF appeals OF
the district would sustain Judge Cox.
on the contrary, the court CT appeals has
reversed Judge Cox: the highway act has
been declared in its general provisions TO
be legal, and general assessments are ad-
mitted, but the court hasdeclared tie special
benefit feature to be illegal.
EFFECT OF THE DECISION.
The decision Of the supreme court also
leaves valid tina very Objectionable feature
by which the mere running of lines puts
cloud on estates affected which condi-
ton was one Cf the very bitter causes of
contention.
The decision as to the special benefits is
adverse to the commissioners, as they will
now be obliged, in order to make good their
specious claim OF seven and half million
dollars, to reduce the valuation of the lands
1t will be remembered that they went so far
with the valuations in the northwest at
one dollar and one dollar and a half per
foot that it became necessary when they
got around TO theeastto say tina lands were
only worth from ten to fifteen cents per
foot Had they kept up even reasonable
ratio they would have verified the state
| ments made in the board OF trade, that the
dollars. The snag now will be to prove
to people in the northwest lands are really
not worth dollar or more per foot.
No one yet knows what the Commissioners
have in mind since the decision. II is only
known that they are terribly embarrassed
by decision which is ostensibly in their
favor, which, If carried out to its conclu-
sion, will cause them to very largely in
crease their estimates of cost, or to make
| further confiScations to make their figures
| fit. There is this further embarrassment.
| Congress will pass no bill for expenses while
| the matter is tied up in the courts, and, be-
| sides, the Congressman who haveSpoken adj
versely to the bond scheme did not base
their opinion on the question of the con-
stitutionaiity or unconStituti on ality of
| the scheme, but as 10 its expediency.
SHEPHERD OPPOSED IT.
Among the high company in which these
| Con greSSmen found themselves was eX-Gov.
| Shepherd. He gave an exclusive intervie w
to The Times many months ago, in which
| he vigorously assailed the general PROPOSE
| tion of the utility of these sweeping ex-
| tensions. This opinion was reiterated in
| an afternoon paper yesterday.
Gov. Shepherd then, as now, was in favor
| of gradual extensions and when an at
tempt was made to carry out this provision
| In Congress within the past two months, the
| Commissioners opposed it vigorously. 1t
| is somewhat singular that even while it
| was under adviscment as to what would
| become of the highway act the Commits
sioners had prepared a bill to cure its
| defects, admitting the reasoning of Judge
| Cox.
The chief interest in the matter just
now is will there be an appeal? 1t will
| be necessary for the Commissioners to
devise some means by which they can still
| prove, with the special benefits knocked
| out, that it will only require some seven
| and a half million dollars worth of bonds.
1t is not likely that they will appeal, be-