The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-05-19
is 1T A KNOCKOUT 2.
C. N BELL SAYS CITY SPECIAL
ASSESSMENTS ARE SUBJECT s.
TO A TEST OF MERIT
CITES A RECENT DECISION

In Which the Federal Supreme
Court, He Says, Overruled the
Position which Has Been Taken
by the Minnesota Supreme Court
Carroll Street BOuIevurding
VIII BE strenuousIy Opposed.
Attorney c. n. Bell sprung a new one
on the board of public works yesterday
afternoon when he called the attention
oil the board to a recent decision of the
United States supreme court in a case
involving the right of a property owner
assessed for a local Improvement to APP
peal to the courts on the merits of the
assessment.
Up to the recent decision of the United
States supreme court Mr.. Bell stated
that the supreme court of this state had
held that unless fraud or mistake could
be shown in the assessment the action Of
the board of public works in making an
assessment was final. The latest de-
cision of the United States court. Mr.. Bell
said, would cause more confusion and
more law suits regarding local assess
ments than any decision which had been
made for years. 1t should also, the at
torney claimed, make the board use the
utmost caution in ordering improve
ments to prevent the assessments being
fought in the courts.
The piece of information which Mr.
Bell gave the board was brought up on
the hearing of the preliminary order for
the boulevarding and curbing of Carroll
street, from Wheeler to Cleveland ave-
nue.. The report of the city engineer
was to the effect that 1t would cost
$4,000 to make the improvement, or 90
cents per front foot to the property own
ers. This. however, did not include the
cost of forty-nine trees at 50. so each.
The proposed improvement is being
urged by Aid. Shepard and six or seven
other owners, while about sixty of the
owners along the street object to the
work being done.
Mr.. Bell objected to the Improvement
on the ground that twas not sneees-
sity,. but purely a luxury The street
was already boulevarded, sidewalked and
graded and trees had been set out by a.
number of the property owners The
council and the board, Mr.. Bell declared.
had no right to assess property owners
the council wished to have streets decor
ated al the expense of the taxpayers. The
board, Mr.. Bell contended, should take
tins view of the case not only in the
Improvement Of Carroll street, but in
improvements of like kind now under
consideration in other parts of the CITY.
There was lust as much sense in the
board ordering the owners to put up
iron fences and paint them as to order
h0Il6U9 Of tba
board, In the face of the numerous oh
Ject1ons of the owners, had not the right
TO order the improvement made
The talk evidently had its effect on the
poaro, Tor the matter was taken under
consideration
The city engineer reported plans and es-
Inmates on the following preliminary or
ders andsthe clerk was directed TO pre-
pare abstracts and eall-in owners In each
case:
PaVlng with asphalt, Kent street, Ash
lana to Selby avenues. Estimate. S.. 060
or 81 per front foot to property owners.
PaYing with asphalt, Arundel street
from Holly to Marshall avenues Esti-
mate, S258O, or $425 per front foot to
property owners.
Paving with asphalt. Mackubin street
from Summit to Marshall. Estimate, ST.!
loo, or S4,lO per front foot to property
owners y
Roulevardfng and curling Avon street.
from Osceo1a to Marshall. Estimate
granite curbfng. $3.50, or 81. O5 per front
foot to property owners y With sand
stone eurbing, $500, or 80 cents per front
foot
Boulevarding and eurbing Grotto
street, from Osceola to Marshall avenue
1Istlmate, granite curb, $780, or S5 cents
per front foot to property owners. With
sandstone curb. $3.50, or IS cents per
front foot to owners
Grading alley In block "A, OakyiIIe ParI,
addition. Estimate, $50. or II cents per
front foot to property owners.
me resolution from the park board
1nquiring as to the progress of the or
der for the condemnation and assess
ment Of Fhalen park was taken up. but
no action taken. The board claims IT
cannot make the assessment In the seven
weeks which under the law it would
have to do, as the order from the park
board was received March 6. President
Pottgteser stated yesterday that il
would require a force of at least three
additional clerks to prepare the assess
ment rolls and to complete tho assess-
ment by July 6. It Is probable thar the
park board will have to send in another
order in the matter of Phalen park.
The assessment for narrowing the
roadway on Dayton avenue. from Dewey
avenue to Amos, and putting in Winona
stone curbing was completed The cost
of the Improvement is $685. TO- including
the trees.