Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-02-07
ASSESSMENTS
The Iowa Legislature Giving Con
siderable Attention to Revis.
ion of the Law.
Senator Trewin Says Present Statute
Very Nearly Conforms to the
Decisions.
Method of Assessing Paving Tax Not
Likely to Be Materially
Changed.


Changed.
Des Moines, Feb. THE senate COM
mittee on cities and towns has been
giving a good deal of attention to the H
matter of revising the special assess
ment laws Chairman Trewin expresses
need SO much change as some have sup
posed. Senator Hazelton's bill on the
subject has been referred to a sub-com-
Imit.ee Of Trewin, Hazelton, Hubbard.
Cheshire and Mullan. Speaking of the. +
Iowa laws and the needed changes, Sen
ator Trewn said yesterday:
II have re-examined the special as
sessment statutes, and the case of town
of Northwood vs.. Baker, l.2 L. S., and 4
other recent decisions on the same sub I
ject. and am inclined to the opinion that
the scope Of the Northwood case as aft I
lfecting special assessments under our +
| law has been greatly overstated. The I
assessment in that case was expressly
made without reference to the benefits I
and the acts of the town council con- I
| stituted such q flagrant violation Of the /
rights of the party that any court would +
4 feel impeiled To set the assessment I
aside The Individual in that case owned /
| a block of ground. the town condemned {
| al strip of lane, thru ii for a street and
assessed the price paid her for land and !
Ian the costs of the condemnation pro- I
ceedings against the remaining land. /
| The dissenting opinion BY Justice Brew /
Ter, conculred in by justices Cray and 4
/ Shiras. is a more satisfactory exposition 4
4 Of the Jaw than that OF the nlajoTity
have heard eminent lawyers say IN dis
scussing8 this case that the court Will in
Ian Probability adilere strictly 70 It's dac- I
3itrines. IN falt. the court distinguished
it, as the saSing is. from other quite
similar cases ard altho there was an
Iattempt to secure an expression from
7ithe court along the same lines in the
lease s of Dewey vs.. Des Moines the
.Icour; decided that case on an entirely
ldiffarent point holding that q judgment
could pot be rendered against 4 nom
president for lhe excess OF the assess
,nent oyer the value OF The property
II In thesease of Spencer Us. Merchant,
4 ia5 t. so affirming 200 y. y 80 it
Il Mas held that the legislature tor coun
.Ecio has he authority 10 determine the
area Of benefit and that such detsrinin-
slation is conclusive. The CUES ton OF
A special dement's am! the pioperty to-
4 which it extends is one OF fact, said the
court. aisa Nilsas ~ y : 'sst.s ~. &c
f2ssleii' sess''lsiileS = ~ :. = 49,
stiie, . IN
n ss5s'isN, y sss,f. 'si = ~ ~.
~ q $3.50 ...a 49, ~, -, 80
80 = +, ,.'s.s..s,4 +, ~
80. S,
: -, l.e,.t9.,,.s 81 ss,
s. 90 {. q IN. 49,
- e,,,I,. ~ a,,.,,,,.a 81
IL. ,;.,,,.f5t.s ~, ..sns5t.l .ss.z,,strts
l,..,,s4ite
e,,, ss.ssed "a,
49, ,7.,;,, oxoess ,}arao, and ;hat ,hs
NORTHUMBERLAND and af,,,o,..janplerr thereof
IL, a,ea,ds5i ,f,8ti,,.s,,. front Scot
.,,I,;,ss srs,3,se,ss ,,t.st ,e,1 Il spp,.oyl ~
- @,,,,..s,,t :. s,,fbnrify and Il he
: ,sg,s,..s,.is,- Az, satf.f..efo,sv and
,,.J,a., i4,,3t.d - Tia bepssfi;s conferred
u LII /. sas,ns tome he INSTITUTIONAL.
rh,s. 5hane4.s viii REQUIRE seart
3,,.s.rts Is secti,ils 7sS ~ rs
"a a. S,S sis in the general lax ana
..a,.l,.a5 s..s.i.t,,s r, tl,a f.lvy ~ eifj5s
i.n5,..,. snssci,i CHARTERS. rhe matter of
,s.,yirtr assessments BY linear. feet is
r,r1sscrl,afl oriv il tho aboi-ta- mentioned
sasf;s4,e There a,.e 4 number. OF Is, hen.
ssef;o,1s al,tt,orzinc special assess
rs..nts b,t he fhos, Is not speeifical-
i,sea, sa,ti, IN, ms st:,filt..
$50 cnvar ms natter fully there
sba,,ld he u general claiise providing.
ii,i,af ali s,,s,,i.Il assessments authorized
Nv la1g pot in excess of special bene-5
its Renting 10 property therefron
a,,d tbat me saf,le may be estimated
: a,a l..,.ia, according is Nneal front
-6iafaat Then a provision fol. payment of
!. stta a.sticiencv by general taxation
!, ~ / baSs examined the bill upon this
: suh;aer nra,,ars.3 By Tho Mu1iieipal
= = I.eaa1,e committee. i; is carefully
: drawn and t believe ii covers the mat
,s5tsr "a far. as cities are ,o.t,s .naa in
= 5la,.,,i,,.r s,,.,.;al assessments for paving
I snd sewers Int the league seems to
! Nave overlooked the matter Of special
q asses.n,ents authorized for sewers and
~. 3iii;np lnts under sections 6ss SEQ.
!, AZ IA III IN "a 80 and ISL, and for
a Sidewalks The. bill will be considered