The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-13
AFFAIRS OFTHE DISTRICT
Attorneys Opinion on Water Tax
ReasseSSments.
Validity of Some Being Questioned.
He Holds That the Notices Served
Upon the Owner We're sufficient.
Services OF the Police on The Night
Of the Election Highly Commended

The Commissioners have received from
their Attorney an opinion concerning the
validity of the water main assessment
against sublots &c, q, and Is, block II,
Trinidad. owned by Benanna Hodges, and
assessed in the name Of Edward Thurman,
Edward J. Hopkins, and Julia Wahl- II
/ appears that the water main tax on these
lets was Cancelled unter the Burgdorf
decision" and on October l. 1885, the said
/ tax was Teassessed under the provisions
Of the Act of Congress appro Ted July 5,
1888. authorizing the reassessDlent of va
ter main taxes. It also appears that
! the reassessment notices against lots 26
and % we're served on Bennana Hodges,
! but that no notice of reassessment against
I subI0t Is was served on her After thus
reviewing the case the Attorney says:
The question is as to the suffieieney OF
The reassessment against all of said lots
and as to the suficiercy of the notice as
to sub-Iot g. The aee of Congress to reg
ulate water main assessments approved
August II, 1898, provides that hereafter
| assessments for laying water mains IN the
| District of Columbia shall be at the ra e
of SIPS per linear front foot against ali
/ lots or land abutting on the street, road
! or alley in which a water main shall be
/ laid,
| The Supreme Court of the United states
| held in Parsons VS.. District OF Columbia
| (170 U. S. 45) that notice to the property
owner was not necessary to sustain the va
/ lidity of the water main tax levied under
] said act of Congress.
The act of the late Legislative Assem-
! bly,. approved June 70, 1873, authorizing an
| assessment for water mains, provides that
! the Water Registrar shall Immediately NO
tify the owner or agent OF the property
| chargeabIe with such assessment. setting
/ forth IN such notice the number Of the
square in which is situated the property on
| which said tax is assessed and the street,
avenue. or alley on which il fronts. and the
said tax shall be due and payable in four
equal installmeats. and ali OF said Install
ments shall bear interest at ;he rate o. 6
per cent per annum, commencing frorz tie
date Of the notification Of the assessment
The assessment, therefore, would appear 20
be good assessment, inasmuch as il is
levied against the abutting land
The service of the notice of assess
ment is required by law to be on tiae
owner of the land. From the time the
owner is thus notified, interest Is charge
able upon the assessment Ii mas be II
held that where an ordinance requires
th9t after the assessment OF the tax has
DeEu naQS- notice snail De given 10 the
owner, and interest upon the tax shall De
charged from the date of the notice until
paid, the failure TO give notice does not
affect the validity of the assessment, II
only prevents the charging OF interest
upon the tax
I am OF the opinion that these assess
ments should not be cancelled; that there
was a good service of notice as to sub
lots 26 and II but not as GO sublot y
aud that notice of the assessment against
said aforementioned lot should BE- imme-
diateIy served on Benanna Hodges. The
! owner thereof
The Recommendation Of the Attorney
has been approved by the Commissioners.
ana action in accordance Herewith, IL is
understood, viii be taken
J VI Dunn the contractor who is erecting
the school house at the corner Of Rose
dale and Fifteenth Streets northeast, mas
informed the Commissioners that because
the sewer in Rosedale Street is not deep
enough to carry the drainage from the said
school building il will be necessary 70
make a modification of The iaas of drain
age. a plat OF which is submitted This
shows that by carrying the pipes through
the east side of the building into sewer
in the alley in the rear suitable drainage
can be had Mr.. Dunn asks the Commits
sioners that such change in the plans be
authorized by them
/ In reporting upon application the H.
spector of Plumbing apr 3yes the same and
recommends that it be granted. informing
the Commissioners that the plans meet with
the approval of the Sewer Division.
Gen George Il. Harrfes. writing 20 the
Commissioners in behalf OF the Anacostia
and Potomac River Railroad speaks in
terms Of the highest communication of the
manner in which the Police Department
handled the crowds on election night He in
/ forms the Commissioners that the cars On
their line we're able 10 make schedule time
without accident TO anybody.
Walter C. Allen the Electrical Eigineer
has recommended that the Commissioners
grant permission to the Potomac Electric
Power Company to connect premises 2200
Fourth Street northeast with a two-wire
overhead service from the pole in front Of
said premises.
Mr. Allen says that authority for this is
found in the appropriation act for the
year ended June so, 1898, in which it is
provided that the Commissioners of the
District OF Columbia are authorized to is
sue permits for house connections with
conGuits and overhead wires now adjacent
to the premises with which connection is
made.
The recommendation has been approved
by Commissioner Macfarland a decision in
which it is understood that his colIea CUES
Will concur
Andrew b. Duvall. the District Attor-