The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-08-29
MEETING OF COUNClLMEN
Il DJOURNED SESSION HELD LAST
NIGHT VAS A SHORT ONE.

opinions or Corporation Counsel Rob-
ertson on Two Important Questtons-
Many Petitions Presemted-Not Much
New Business Transacted.
An adjourned meeting of the board of
councilmen was held last night, at
which very little new business was
transacted. Most of the business con-
sidered last night was held over from
the last meeting of the board of alder
men.
Two opinions were given by Corpora
ton Counsel A. Heaton Robertson or
the following questions:
| /. Can the city assess and collect a
| special assessment for public i'm
provement from the owner of property
whose property Is not especially benefit
ed by the improvement?
2. Can the city assess and collect a
special assessment for public improve
ments from the owner of property in
excess of the value of the benefit con-
ferred upon said property by the i'm
provement made?
In part Corporation Counsel Robert
son said in his opinion: THAT while a
few of the western states have held,
mostly on account of certain constitu-
tional provisions, that special assess
ments upon property especially benefit
ed are not constitutional, far larger
number of the States and specially the
eastern states, have taken the position
that assessment upon property for spe-
cial benefit is constitutional"
In the Nichols VS. the city of Bridge
port case In the twenty third Connecti-
cut the arbitrary power is brought out.
The corporation counsel says: 'One of
the earliest cases on record in regard to
special assessments on property espe-
cially benefited was the law passed by
Great Britain in 1867 to regulate the re-
building of London after the great fire
of the preceding year, this making the
first law ever enacted on the subject,
which law conformed closely with the
principles Of our present law. One Of
the latest decisions on the matter of
special assessments for public improve
ments is the case Of Sears VS.. board of
aldermen of Boston, decided on March
8, 1899, where the court held that the
benefit to abutting property from the
watering of the streets in front of it is
such a special benefit that the property
may be specially assessed for such wa
tering.''
In regard to the second question he
said in part: I'm the case of Norwood
VS. Baker, decided by the supreme
court Of the United States December
~, 1898, where the same question which
is put to use by your honorable body
was before the court, Justice Harland
said: In our Judgment the exaction
from the owner of private property of
the cut of a public improvement ex-
ceeds the especial benefit accruing to
him under the guise of taxation for the
public use without compensation The
opinions were filed.
committee was appointed to draw
the resolutions on the death of Russell
A. Belden. The councilmanic members
of the committee are Councilmen Bur-
ton, O'Meara and Barnes.
committee to investigate the super |
visory system of the public schools was
appointed as follows: Councilmen Con- |
lin, Greenfield and Chase.
The resolution to the effect that $500 |
be raised and sent to aid the Porto Ri
cans injured in the recent cyclone was |
passed in concurrence.
The resolution for an investigation as
to the best means of preserving trees |
was referred to the committee on |
Orders were passed for the top dress
ing of Hallock avenue, Lock street and
Canal street from Lock street to Prout
street.
On motion of Councilman Conlin the
petition for four lamps on Division
street was recommtted to the commit
tee
A new resolution was brought up last
night by Councilman Rowland requir-
ing a lead pipe connection between the
main and the curb. This was referred
to the committee on ordinances. The
session adjourned about $780,