Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1898-01-07
THE PIX CASE AGAIN.

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THE PIX CASE AGAIN.
Walter Scott Thinks There Are
Two Sides to the Question.
EDITOR STANDARD:
In a recent issue of your paper you
published the findings and conclusions
in the case of Tumwater VS.. Pix, and
in an editorial commented unfavorably
on the decision of the Supreme Cour
in that case, and in a more recent
issue of your paper, one J. c. Co9 ex'
presses himself thereupon.
sPossible the reason you and Mr.. Cos
differ with the Supreme Court is be-
cause the Supreme court had the en-
tire case before it and you did not
have. A large number of the findings
that you published were excepted to
by counsel, and you did not publish
the evidence in the case, consequently
your readers cannot tell whether the
findings were sustained by the evidence
or whether the exceptions taken there
to were properly taken. Mr.. Editor,
1 believe that if you would take the
evidence in the case and briefs of the
attorneys on both sides and see what
questions were presented to the Court
you would Immediately see that the
decision of the Supreme Court was
right, and the only decision that could
have rightfully been made.
Now, the facts are simply these: The
Town Council decided to improve a
certain street. Neither Pix or any
body else ever made any objection to
that improvement. The law provides
that such an improvement shall be
assessed upon the abutting property
upon each lot in proportion to the
benefit which it receives. The law
provides how this shall be determined; /;
it provides that an assessment roll
shall be made, assessing upon each
lot its proportion according to bene-
fits received.
When this assessment roll is pre-
pared, notice is given and everybody
Interested has an opportunity to come
and make any objections he wishes
to the assessment. If the assessment
is too high or disproportioned, or
illegal, or wrong in any way, any in
terested party may come in and make
objections. Personal notice was given
to Mr.. Pix and he had an opportunity
to come before the Council and make
any of these objections or any others.
He did not appear at all; therefore,
the Council had right to suppose
that he had no objection. It there
upon confirmed the assessment. Many
of the property owners upon the street
paid their assessment. Mr.. Pix re-
fused to, although probably more able
to than any other person on the street.
1t is urged that Mr.. Pix should not
pay, because small amount of work
was done in front Of his block. This
is no criterion to 60 by. This street
improvement extended past two or
three blocks; part of the way a deep
cut had to be made. In this case, as
in most others, the property in front
of which the largest amount of work
was done was least benefited. The
opening and improvement of this
street gave Mr.. Pix an outlet from his
property to the limits of the town
and from his property to the heart of
the town. He could not 60 to the
center of town without using this
street that is improved. The value of
this improvement to him was as much
or more than to any other property
owner on the street. The town paid
for the expense at all street crossings
and the sum of ninety-fve dollars be-
sides from 'the general fund. If our
courts decided cases as Mr.. Coo does
upon newspaper reports and with
only part of the facts before it, there
might be some occasion for complaint.
Mr.. Pix had every right and privilege
that the law gave him, and the Tum-
water authorities showed him every
consideration that he was entitled to.
There was no reason why the other
property owners or the public should
pay for street improvement whose
special benefit was to Mr.. Pix and
those upon that street. Mr.. Co.'s
TRADE against law in general requires
no answer. One or two of his remarks
about expenses 1 will notice. He says
"By the way, did you ever think o.
the enormous expense attendant or
our court expenses and how few re
ceive any benefit Whatever Th'
public have to foot the bill and ye
there are not one out of one hundred
that ever have any use for courts, ant
lthose who do generally find it losini