The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-30

Guardians-Appeal From Galveston
Commissioner John W. Ross recently
sent the following communication to his
associates, relative to statement made
to him by Edward ]. Stellwc gen about
part of lot 1, block 81. Columbia Heights
Mr.. Edward J. Stellwagen. of 1924 f
I Street northwest states that in January,
1893, he purchased part of lot /, block 81,
! Columbia Heights, for Mrs. Julia Gillis.
I and that at the time of the purchase he
personally inspected the premises and saw
/ that the curb, for which the enclosed bill
! wSs rendered. was laid prior to the pur-
| chase. Mr.. Stellwagen states that he OBJ
| tanned, through the Columbia Title In
/ surance Company. the accompanying GER
| tiicate, dated January Il, 1899, marked:
! No unpaid special assessment to date >
and that on June 81 five months later.
Mrs. ellis was served with The bill for
| the curb. which, Mr.. Stellwagen asserts,
! positively was laid at the time he pur-
chase was consummated. Mr.. Stellwagen
further states that he is willing TO pay
the 1927 special assessment, providing the
penalties and interest are RENTED.
Mr.. Stellwagen also states that his
always has favored the notice of special
assessments pending being placed on all
certificates of taxes when such is the
case"
The matter was referred to the Special
Assessment Clerk, who reported TO the
Commissioners as follows:
''The bill for curb against ,drs Julia S.
ellis was served June %, 1899, upon Ed
ward J. Stellwagen. Even If it had been
~ IN &C.,
upon tax certificates at the time no men
ticn OF the assessment in question would
have been made in the enclosed ccrtifi-
cate dated January Il, 1899, for the rea-
sen that no copy OF the order to lay on
Kenyon Street in front of block 81 had
been sent to this Office. In fact, no COPY
OF such order has ever been sent to me-
The papers on which the assessment is
based did not reach this office until March
g. 1853.
The acts OF Congress approved Feb
ruary G. 1879, and May 13. 1882. provide for
"a certified statement OF ali taxes and as
sessments, general and special that may
be due and unpaid at the time of making
such certificate Inasmuch as they make
no provision for noting pending assess
ments,' is il wise TO go beyond the law
and incur the risk Of loss by relson OF the
omission OF pending assessments from tax
certificates?
There is no question Of the fact that 1t
would be convenience to the purchaser of
property to so note them, but the same in
formation could be obtained by enquiry OF
the Engineer Department, and ] woulc
suggest the insertion in the form used
for tax certificates of a paragraph in large
type cautionlng parties to make enquiries.
Il respectfully recommend that payment
of the enclosed bill be not accepted with
out interest"
The Assessor, in passing upon he recon-
mendaticn of the special assessment clerk,
said:
1t is my Judgment that certificates
should contain only such charges as are
due, ard payable at the date of the issue
Of the certificate. A qualified certificate OF
this character might impair its validity,
and besides might e;nbarrass and delay the
purchaser in his negotiations. At the pres
ent time adverse action is recommended -
The Commissioners yesterday referred
the matter Of the relief TO be given to Mr.
Steliwagen to the Attorney Of the District
fo- an opinion.
Charles f. Benjamin. attorney for the
Perpetual Building Association. of sos
Eleventh Street northwest. has commune
Gated with the Commissioners enclosing
a deed from John Cook. trustee. of the
east half Of lot IS, Wright and Cox sub
4 /
OF petition for the cancellation OF taxes.
Mr.. Benjamin states that in the matter
of certain taxes standing against the said
lot application was made to the Commits
sioners for their cancellation, and upon
the question being referred to the Attor-
ney for the District, it was decided that
such cancellation could not be allowed
The property now having passed to
trustee acting in behalf of the Perpetual
news his application for the cancellation
of the tax and suggests that the matter
be referred to the District Attorney for
his opinion in the premises.
In considering the application at the re-
quest of the Commissioners the Assessor
states in his reply that the taxes in Ques-
ton are against the east half of the lot
for the years 1874. 1875, 1880, 1888. 1885. and
1886. The Assessor further states that
the matter was once before reported on
and that when it was referred to the At
torney he said:
"If there should be sale OF the proper
ty under deed of trust, and the building
should become the purchaser,
it would be entitled to have the taxes can
celed. but In the present situation of the
case it is not SO entitled"
The Assessor further reports that by
deed dated September II, 1900. recorded
IA. 1900. the above recited prop
erty was conveyed to John Cook, trustee
for the building association, and the
transfer was made on the records of his
office.
1t is understood that the Commissioners
will refer the papers to their Attorney for
advice as to their action under the cir
cumstances.
Miss Mary a. Coleman and other prop
erty holders and residents in Thirty-sixth
Street northwest recently petitioned the
Commissioners that the railroad company
be enjoined from parking cars in that
street. The grounds for the request, as
set forth in the petition, are that the
privilege has been denied them in other
parts of the city, and that the parking
OF blockades the street ard is
otherwise Il nuisance 10 the petitioners. |
They say that an appeal to the company |
is useless, as II has been tried and proved |
to be so.
Inspector L. P. Bradshaw. of the En-
gfneer Department, made an investigation |
OF the causes of the complaint and states |
to the Commissioners that he brought the |