The evening times., 1899-05-06
WATER ASSESSMENTS
FOR ROSSIE PARK
Commissioners Without Power.
to Issue a Special Order.
Payments Provided for by an Act
Of Congress.
Attorney Th0nas' Opinion ON q Lib
eral COns6uction Of the Law.
In Question.


cred an opinion to the Commissioners
which is unfavsrable to the request re-
Gently submitted to them by Chaplin
Brown, attorney-at-Iaw, in behalf Of GER
tain owners Of the property abutting the
Seventh Street Road and known as Rossie
Park. Attorney Brown asks the Commits
sioners to issue an order which would have
the effect Of making the water main as
sessments against the property due, pay
able and ccllectible only after the date on
which connection is made with the water
main. In his opinion Attorney Thomas
takes a view Of the matter different from
that OF Mr.. Brown, and advises the Com
missioners that they are without authori-
ty to grant the request of the latter
In calling the attention of the Commits
sioners to the special assessments which
were made on the Rossie Park property on
account of the water mains which had been
laid on Seventh Street Road in front of it
Attorney Brown stated that the matter
had been brought to his notice by the
owners. Col. Myron NJ. Parker and former
Senator ]. ID. Cameron, and by the agents
Of Thomas Fisher Co., who have the
property in charge.
They have consulted me-" he informed
the Commissioners, desiring my opinion
as to the effect of the act of Congress en-
titled An act to authorize the reas5sss-
ment OF water main taxes in the District of
Columbia and for other PURPOSES, approved
July 8, 1885 You will observe that this
act is not only to provide for the reassess-
ments, but also to provide for and relates
to original assessments. Section of the
act relates especially to the property out
side the city Of Washington, and the sec
ond proviso of that section relates especial
ly to levies, assessments or reassessments
on land not subdivided into blocks and
lots.
The third and last proviso is as follows:
That said Waterman tax or assessment
shall be due, collectible and payable on
each lot or parcel of land or premises on
and after the date on which the cOnnec-
tion is made for the Waterman to the said
lot or parcel of land Of premises.
This is a remedial statute and must be
literally construed TO promote the remedy
intended to be given by the act. 1t is quite
evident that the purpose OF the proviso l
have quoted is to relieve the suburban
property Of the burden of Waterman tax
prior to the time when connection is made
with the water main. This is the situation
Of the property called Rossie Park and the
only doubt as TO the application of the law
to the assessment made against this prop
erty would arise from following strict
and narrow construction OF the law and ig-
nOring its plain purpose.
Il have therefore advised the owners and
agents in this connection that the law
should be literally construed
The opinion Of Attorney Thomas which
had been endorsed by the Commissioners,
states that the assessment against the tract
of land known as Rossie Park, abutting
BrightwoOd Avenue, was for main laid
in July. 1895. The act OF Congress approx
ed July s, 1885,. for the authorization of the
reassessment OF Waterman taxes in the
District is not considered by him to be
retroactive and he says it does not profess
to be. 1T operates" he stated, upon
original assessments and reassessments for
water mains, made from and after its pas
sage, and to apply it to the main in ques-
ton would be TO give it retrospective
effect.
There can be no doubt Of the right of
Congress to pass retrospective statutes
statutes which reach back to and effect
prior connections or transactions 1T is a
sound rule of construction says Judge
Cooley, that a statute could have a pros
pective operation only unless its terms
show clearly Legislative intention that it
should operate retrospectively.'
Il am unable to find anything in the act
of July 5, 1898. which would justify the 10
sition that Congress intended it to have a
retrospective operation. The idea was to
modify previous statutes in regard to orig
inal assessments for water mains in the
District outside of the city, levied after
the passage of the act, SO as to make them
due and payable when connections should
be made with the mains.
While Mr. Brown correctly states the
rule that remedial statutes are to be lib
orally construed, yet they are to be so con-
strued in respect to the subject matter
upon which they operate, and upon the
present case that construction is to be ap-
piled to original assessments and reas-
sessments imposed after the date If the
act. For these reasons. my opinion IS the
Commissioners are without authority to
enter an order that the assessment COM
planned of shall be due, payable. and col
lectible only after the date on which the
connection may be made with the water
main.'