The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-06-02

Three hundred dollars were appro-
priated to defray the expenses of the
street lighting convention which meets
in this city June IS and 10. There will
be thirty-two delegates to the cenven-
tion. from New York. Boston. Balti-
more. Cincinnati and Cleveland. This
is the first meeting Of It's kind ever held
in the United States.
A communication was received from
the board of health asking that $3.50 be
taken from the garbage fund and ap-
piled to the Sundry account.
On motion of Alderman Hamilton the
clerk of the board of public works was
ordered to report to the court of COM
mon council all unexecuted orders for
the second quarter of the present year.
Alderman Chillingworth moved that
the corporation counsel be required to
furnish to the court of common council
a copy of all opinions given by him to
the different boards and to the different
committees.
The corporation counsel sent the fol-
lowing opinion to the board:
To the Court of Common Council:
I am in receipt of the resolutions of
the court of common council directing
the corporation counsel to answer the
following questions:
l. "If street is to be widened so as
to afford space for street car tracks to
be laid therein, can the street company
SO laying it's tracks be assessed for ben
efits?
2. ''If street is to be widened which
is already occupied by the tracks of a
street railway company can the street
| railway company be assessed for bene-
fits?
g. IF street has become so occupied
by street railway tracks that to meet
| this public necessity and convenience
| the street should be widened can the
company owning the tracks be assessed
for benefits?
The answer to the questions depends
upon whether the widening of the
street is a benefit to the street railway
company. The charter (sect:on 80 au-
| thorizes the court Of common council
to "alter, repair or improve any street
| whenever in its opinion the public good
so requires and the same section also
authorizes the court Of common council
| after such improvements or alterations
are carried out ito assess upon the per-
| sons whose property is in the judgment
| of said court Of common council special
| ly benefited thereby, a proportional
and reasonable part of the expense
| thereof
| The clause of the charter has been
| construed by the supreme court in the
| city Of New Haven VS.. Fair Haven and
| westville Railroad company, 38 Conn,
p. 432, and it is there held that the word
| property is broad enough to INCLUDE
| at least the rails sleepers, ties, spikes
| laid into and attached to the soil In the
street wherever the improvement was
! made, and that property SO situated
| is real estate.
\ I will therefore say that If the proper
| ty Of the street railway companies IS
| benefited by the widening of the street
| in my opinion the street railway COM
| panies can be assessed for a proportion
al share of the expense, and this an
swer applies to all questions submitted.
The joint tax committee recommended
| the following: John Thomas, Mrs.
| Sarah A. Durrie, Charles Gay, John w.
Kimball, Mary II. Colwell, Gabriel Spa
lice, John F. S. Penfeld, Dominick
Braun, Melissa A. Thompson, John M.
| Miller. Betsey A. Umberfield, Richard
Mooney, Frederick G. Reynolds, Burton
| l.. Sage and Joseph Kaiser, for abate-
| ment Of taxes assessed against them,
together with the interest thereon.
The report was adopted, as was the
recommendation that a compromise
| be made in fifty-three other cases.