Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-05-04


Strict. Wapello county viii nndoubted-l
sMahaska and Jasper counties. This
will leave Poweshiek county alone In;
presenting the name Of Capt. Carr, Of
that county. as q candidate. Capt. Carr
Is a worthy republican and an able
man, but 1t seems to be unquestioned
that his candidacy can have no
strength other than complimentary
vote on the part of his own county
delegation. In view OF the closeness OF
the vote In the district and the neces-
;sity for united and harmonious action.
on the part of all republicans, II this
district Is to continue to be represented
in congress by a republican, we believe.
that Capt. Carr will see 1t to his own.
advantage as we'll as to the interest Of
the party in the district to withdraw
from the contest. There is now little
question, in view of the positive and,
unanimous action taken by the repub-
slicans Of Monroe and keokuk counties
but that Maj. Lacey will again receive
the congressional nomination. as he has
on Ave previous occasions, Unanimous
lys by reclamation.
"A NEW DECISION IN PAVING Law.
[Sioux City Tribune.l
The supreme court of Indiana last
Friday confirmed the constitutionality
of the law in that state which provides
for the assessment of the cost of street
Improvements against abutting proper
ty. This law was assailed on the
ground that the method of assessment
by lineal foot frontage on the line OF
Improvement was a violation of the
state and federal constitutions guaran-
teeing private property against arbi-
trary seizure. 1t was commended that
the method of assessing the cost of
street improvements on the frontage
basis failed to take into account an
essential element to just and equitable
superintendent of the burden-the rel-
ssessed.
The indianapolis Press says the con-
.stitutionality OF this was recently
questioned in the United States dis
lstrict court, and Judge John H. Baker,
in default of any precedent in the In
diana supreme court, held the law un-
constitutional. The present decision,
however, denies that the law contains
| the defect complained Of and holds
l.that it does provide for assessment on
a basis of special benefits derived from
the Improvement. Constituting the stat-
ute as an entirety, the court says that
| the cost of an Improvement is to be es--
timated, not assessed, on the frontage
| system. and that this is to furnish
only a prima facle basis for assess
ment; and that any assessment thus
made is liable to review and alteration
so as tomake an adequate apportion-
ment of burden to benefit. Hearings
are provided to adjust the grievances
of abutting property owners who re-
gard their assessments as excessive;
land the law contains either specifcal-
lily or by necessary implication all the
powers requisite TO making just as.
sessment
This same question has been involved
lin much Iowa litigation and the expo.
/ sition of the law entered into by the
Indiana supreme court in the decision
under notice may have much weight II
Isettling the question in Iowa. Eertainl,
4 1t would seem that the Indiana court
Interpretation OF the meaning OF tn,
different sections of the law lnJects ;
new theory into the Interpretation
4, which must affect the final decisions.