The record-union., 1899-07-10

feet upon the native fauna or flora.
Some are exterminated, and others,
through the destruction of their enc
mics, increase in numbers. To disturb
this balance OF power without having
knowledge sufficient ITO eQualize 1t is
at best hazardous Ability to regulate
1t would, on the contrary. be productive
Of the most satisfactory results through
the successful determination of OBJ
noxious species.
STREET ASSESSMENTS. 2
Oakland Tribune: No decision of
greater Importance to residents of mu-
inequalities has been announced for
years than that just handed down by
United States Circuit Judge Phillips
of Missouri. He holds that the Mis-
souri, statute authorizing cities and
towns to assess the cost of opening,
paving or repairing streets against
the owners of abutting property, ap-
portioning the whole cost on the num-
Der of front feet, is in violation OF the
fourteenth amendment of the Federal
Constitution, which prevents the TAX
ing Of private property for public use
without just compensation.
California will come within the scope
Of this decision if it is affirmed by the
United States Supreme Court, to which
an appeal has been taken, for our law
on the subject is the same as that of
Missouri. Section 4,4O1 of our Politi-
cal Code provides that Whenever the
owners of a major portion of the prop
erty fronting on any street or avenue
desire to improve such street by
paving the same, or constructing sew
ers, or otherwise. the Mayor and Coun-
Gil may make such improvement at the
expense of all the owners of property
on the street, which expense must be
in proportion to the number of feet
owned by each'" 1t is on this section
that all our assessments are made, and
out of which has grown our district
plan of assessment.
The theory. upon which Judge Phil
lips decision is based is that property
in one location may be benefited
more than property in another loca-
tion on the same street, and that to
be in harmony with the clause of the
Constitution cited, assessments must
be levied in proportion to the benefit
derived. :, Should he be sustained in
this, it is patent that a revolution will
be effected in all the existing street
laws which are already so complicat-
ed that only experts in that branch OF
legal works are able to interpret them
On the face of things, 1t appears that
an assessment on the lines suggested
by Judge Phillips, that would be sat
isfactory to all parties would be we'll
inn 10. Co WHY
wieldly as the present system is, il
looks as if it will be case of "out Of
the frying pan into the fire. to aban.
don 1T in favor of one on the lines pro.
posed. IL s9si4 .s1teasr'i
se WHAT THEY THINK.
r. Stockton Mafl:Es Some papers pretend
that the Fiifpinos think the with.
drawal Of the volunteers from Manila
means abandonment of the campaign
by the American Government. o.
course these papers know better. They
know that Aguinaldo, Agoncillo an6
the other leaders of the Filipinos arr
| intelligent men and are as we'll in
formed as to American sentiment an(
| plans as the rest of the world The,
do not expect Ethe American campaign
to be abandoned. What else they ex
pect is not easy to guess. Perhap.
they think that by holding out agains
America as the Cubans did agains
Spain they may in time obtain assist
ance Of some European power, not o
course from motives Of humanity, fol
the Filipinos must have lost all faitl
in that sort of hypocrisy, but from
selfish motives that will serve botl
their ends and that Of their European
ally. In exchange for such assistance
they might give away an island OF
| two.
A NEWs DEPARTMENT.
Oakland Enquirer: The announce.
| ment that President Mckinley will
! recommend to Congress the creation
of Department of Colonies to be rep.
resented in the, Cabinet by a new Sec
retary, may have been, and doubtless
was, evolved out of the inner con-
sciousness of thee correspondent who
started the story. No colonial depart
ment or colonial secretary will be re-
quired until it is known that we shall
have colonies to deal with, and that
will not. be settled, until definite plan
has been adopted for Porto Rico, the
Philippines and Hawaii. So far their
political status is undetermined.