Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-07

charged; and even then you will find Ii
will be provisional. because the owners
of those lots will have to have notice and
have an opportunity to be heard before
you as to the proper amount to be charged
against them. respectively. a.
AT present all l can say is that ycu
should make up your minds upon axamin-
Ing the map how much land, if any, out
side of this subdivision Is benefited by this
Improvement, and designate that in your
verdict. If you know the property. you can
assess so much of that benefit on 1t as you
wish. If you do not know the property by
lots and squares and parts of lots, yo1 can
report that fact and receive further testi-
mony upon that point
Legislative Declaration.
Referring to instructions proposed by Mr.
Nathaniel Wilson, Judge Cox said: IT do
not know about these prayers 1 UNDER
stand the act of Congress to be a legisla-
tive declaration that there will be some
benefits by these improvements. Mr.. VIII
son wants me to say to you, gentlemen,
that If you find no property to be benefited,
you say so. But II you do say so. you will
be flying in the face of providence and
contradicting what this act declares AT
the same time. If you can in your con-
science say that nothing IL benefited, you
may do So
Mr.. Nathaniel Wilson: THAT is not the
vital point. The vital question is this. As
Stunning that Congress has declared that
one-half of the value of this property Is a
benefit. and amounts, as your honor saws,
10 *1OO.O0O yet the law expressly. in terms,
imposes the duty upon the jury of assess
Ing that 100000 on the property which
they find benefited in proportion to the
benefit that they find"
Property Benefited.
The Court: But Congress declares that
some property will be bene1ted-that 1T
shall be assessed upon the property beae-
fited.'"
Mr.. Nathaniel Wilson-"That may be:
but what l desire to have your honor rule
upon Is merely this. that when they come
to consider the amount in dollars and cents
That they are to charge on each piece of
property, it Is Inevitable that they must
IND that that property is benefited. or they
cannot make their assessments under their
oaths and according to the requirements Of
the law
The court-"They have got to make the
assessme mt en- property which Congress
declares is benefited. Congress declares
some property is benefited by 1t, and it
must be assessed on that.
Mr.. Nathaniel Wilson-"No legislation
could make jury or any one else do what
Is impracticab!e: and If the jury find that
they cannot make the assessment upon the
particular lots that are benefited. finally
this question is postponed. I believe. ac-
cording to your honor'S charge-but finally
sooner or later. there will come the mo-
ment when they have got to make an as
sessment in dollars and cents. and that has
got to bear some proportion to the property
in-olved.'
Prayers Refused.
The court-'I will mark those prayers re-
fused
Mr.. Nathaniel Wilson-'I note an excep-
ton. As / understand. the whole ques-
ton of the assessment of benefits is now
postponed. and the jury is required to do
nothing but to determine the area within
which these benefits shall he nSsasSa5
The court-''The final assessment is post
poned. If they can make a provision al
asse ssment with the evidence before them
they should do So"