The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-15
LITIGATION LONG DRAWN OUT.
TIME AFTER TIME 1T HAS COME
BEFORE THE DISTRACT
COURT.
JUDGE OTIS wEARIEs OF 1T
Hopes the Board of Public Works
Will Now Observe the Courts
Ruling.

OSSh 4OuSAI NY bOlll SlNASSJ CilhAIASO ~
to rank among the local celebrities.
Nor for that reason only; for upon it
hinges first the undoubted right of the
city to make any kind of a grade on
a street that the board of public works
may choose to order, and the vital
question whether they can assess and
collect benefits where man1festly great
damage has been done to certain abut-
ting property.
Early in 1887 the board Of public
works, through the city council, or
dered the grading of Louisa and Dear
born streets on the West side, from
certain points west to State street.
These streets lay for the most part
on a natural, nearly level plateau. On
Dearborn street this plateau terminal
ed eastward at a point about half way
between Maurice avenue and State
street, from which point it abruptly
dipped down to and ran out at State
street. Louisa street began its dip at
Robert street and followed natural
and moderate incline to State street.
The cost of cutting the street from
Robert to State down to the estab-
lished grade for some $50 feet was
estimated at $1,000, whereas the cost
of the remaining Improvement, extend
ing half mile westward, was only
another $1,000. The board Of public
works set their car of Juggernaut in
motion. The Dearborn street cut was
Of doubtful necessity, some people
claimed George street, $50 feet
north, was already graded; Lou
lisa street, 25O feet south, had
mr. iTav-
pensive grade to get to State street
and Oakdale avenue, for neither Dear
born nor Louisa went beyond State.
Any one coming east along Dearborn
street could go north and east more
conveniently and on an easier grade
that that of Dearborn street, by turn
ing onto George; or, were they going
south, out on Oakdale avenue, Louisa
street was just as direct and a far
easier descent.
Halfway between State and Maurice,
on the edge Of the incline, and easily
accessible along Dearborn street from
the west, citywards, stood the house
of Marie A. Hornsby, a snug little
home earned by economy and hard
work, a beauty spot reclaimed from
the natural wilderness of hazel brush
and burr oaks, an attractive outlook
for visitors, strangers though they
We're, to halt and, look out upon the
Father of Waters and the distant pam
Drama Of the opposing hills. Against
this home did the board of public
works, without apparent consideration
of the condition of affairs, the destruc-
ton to be wrought or the needs of the
people, direct it's strong machin-
cry. demonstrated with, they turn
ed a deaf ear to Mr.. Hornsbys plea
for modification of the confiscating
order, but, finally, on the personal plea
of Mrs. Hornsby, consented to view the
scene. Upon looking the ground over,
they said through their president, the
late Mr.. Barrett, that they had no idea
they were running such beautiful res
idence property
The contractor was summarily or
dered to discontinue operations on that
particular part Of the street and to
continue only west of Robert street,
and told that nothing further was to
be done on the two blocks east of
South Robert street but surfacing. But
the order had been issued, the con-
tractor had done 81, 500 or $4,000 worth
of work: his bondsmen might have
been held liable for failure, so the
grade was not modified and four lots,
it was claimed by those interested,
were entirely runined, and four others
shorn of half their value
Then was "Pelion on Ossa piled"
They levied practical front-foot as
sessment for benefits, in con-
prevention of the law which en-
phatically states that the assessment
in such cases shall be distributed ac-
cording to benefits. Damages cannot
be allowed on account of grading; the
city has a right to assess bene-
fits, but not allow for damages. So
these four lots fronting on Dearborn
street, between South Robert and the
edge of the bluff, damaged very seri-
ousiy though not equally, as af-
forwards developed, were assessed,
pro rata, benefits with those
lots westward that were materially
benefited. The property owners de-
clined to pay for a levy in infraction
of the law; judgment was asked of the
courts, and, after a thorough hearing,
denied, on the grounds that not only
was there no benefit, but in two in
stances utter ruin.
reassessement was made on practi-
cally the same lines; again judgment
was asked for and denied and this
time Mr.. Phillips felt the rebound
from the court, to whom he had laid
down the law in practically these
words: your honor, the law says
there are only two reasons for setting
aside an assessment made for grading
by the board of public works; either
there was demonstrable mistake of
facts (and we have shown that the
beard was cognizant of all the facts
or fraud, and your honor will not say
that there is fraud in this case"
81 am not so sure of that" replied
the court. constructive fraud any
way. Judgment is denied"
But the board Of public works came
to the charge again and yet again, to
be knocked out. Finally they came up
with modified assessment against
two lots
Judgment was asked, and the de-
PENDANT, now an Eastern party, for
the Hornsbys had lost their once
| beautiful home under mortgage fore
closure, asked that the assessment be
set aside, not only because it was I'M
lust, but because it was illegally made,
inasmuch as all the property against
which it should have been made was
not duly assessed.
Again were they knocked out; and,
unless the board Of public works has
| the temerity to risk an attachment
| for contempt of court, or the city ap-
peals the case to the supreme court,
| it has finally been decided that the
board of public works can only assess
| benefits where benefits accrue, and
that property damaged by any i'm
provement, generally advantageous
though it be, can not be taxed to
further detriment.