The Savannah morning news., 1901-05-31
THEY WILL FIGHT IT
CASTOR STREET PROPERTY OWN
ERs GOING INTO COURT.
AFTER PAVEMENT IS LAID.
THAT is THE COURSE THAT HAS
BEEN MAPPED OUT.

Wnde Hon. Pope Barrow and Capt |
H. G. CUNNING CHAM Take That View. |
Mir. Wade Produces a Decision |
That, He Believes, Will Serve the
obiecting Property Owners-Says
Present System of Paying for |
Pavements VIII BE ImperiIIed-AI-
herman watson Thinks 1t Wrong
Anyway.
The paving of CASTOR street with brick,
under the ordinance passed by the City
Council night before last over the veto
nj the Mayor, will be- commenced as soon
as the street paving force, now working
on Jefferson street, has completed its
work there and has paved the short sec
ton of St Julian street, west, that has
been provided for. The work on Jeffer-
son street will be completed within ten
davs and that on st. Julian street can
be done within as brief a time.
When the work has been done on Gas
ton street and assessments have been
made against the owners of abutting
property to make them pay their proper
tomato cost of the paving, steps will be
taken in the courts to nullify action of
Council and prevent the citys collection
of the two-thirds of the outlay that is ex-
pected from the property owners. The
case will be fought in the United States
Court.
Mr. w H. Wade has been most active
IN the fight against brick paving for Gas
ton street, representing the majority of
the property owners along the street,
who have insisted that they would prefer
thar the shell pavement be relaid. He
was seen yesterday about the matter and
said that he had held conference with
Hon. Pope Barrow and Capt. H. C. Gun
ningham both of whom are opposed TO
any other than shell pavement for the
street and the understanding reached
among the gentlemen was that the best
way for the opposing property owners to
fight the case would be for them to con-
test the payment of the assessments in
the United States Court after the work
had been done and demand was made for
the money
On looking up the reports of the decis-
ions of the United States Supreme Court,
Mr. Wade found d cause that he thinks
will serve the CASTOR street property own
ers He is confident that they can win
out in a fight conducted in the United
States Court The case he cites was that
OF Norwood VS.. Baker, appealed from
the Circuit Court of the Southern district
of Ohio, decided Dec. II, 1898 The court
said:
THE principle underlying special assess !
rnents upon private property to meet the |
cost Of public Improvements is that the
property upon which they are imposed is
peculiarly benefited, and, therefore, that
the owners do not, in fact, pay anything
in excess Of what they receive by reason
Of such improvement.
The eXaction from the owner of pri-
vate property of the cost of a public i'm
provement in substantial excess of the
special benefits accruing to him Is, to the
extent of such excess, a taking, under the
guise of taxation, of private property for
public use without compensation; but,
unless such excess of cost over special
benefits be of a material character, it
ought not to be regarded by a court of
equity, when its aid is invoked to restrain
the enforcement of a special assessment.
The alleged improvement in
this case was the construction through
property of the appellee of a street 300
feet in length and 50 feet in width, to
connect two streets of that width running
from each end in opposite directions. In
the proceedings in this case the corpora
ton of Norwood manifestly went upon
the theory that the abutting property
the new read, whether it was benefited or
not to the extent of such cost, and the
assessment was made accordingly. This
suit was brought to obtain a decree re-
Strainng the corporation from enforcing
an assessment against the plaintiff s
abutting property, which decree was
granted. Held, that the assessment was.
In itself, an illegal one, because 1t rested
upon basis that excluded any consider
benefits. therefore.
cree enjoinng the whole assessment was
the only appropriate decree; that 1t was
not necessary to tender, as condition or
relief being granted to the plaintiff, any
sum as representing what she supposed
or might guess, or was willing to concede
was the excess of costs over any bene-
hts accruing to the property, and that
the legal effect of the decree was only to
prevent the enforcement of the particu-
lar assessment in question, leaving the
corporation free to take such steps as
might be within its power to make new
assessment upon the plaintiffs abuttng
property for so much of the expense OF
opening the street as might be found
equal to the special benefits accruing to
the property"
Mr.. Wade said that the constitutional
point involved would admit of the CASTOR
street case being brought in the United
states Court, where, it is thought a
better chance would be stood by the
Plaintiffs than in the state courts. The
entire scheme of ievying assessments
sganst owners of abutting property, Mr.
wade said, will be imperilled if the Gas
ION street case is brought in the United
states Court. That, he said, the plain
UIs have no desire to imperil; it is only
70 nave their wishes in the matter of the
0aston street paving respected. Mr..
wade also declared that the CASTOR
street property owners who object to
ulek paving do so. not because of the
vos', as a general rule, but because or
we noise One gentleman Of wealth had
wa him, he said. that he would rather
ave the shell pavement than TO have
u'e brick pavement laid while he and his
.'mlIy were out OF the city and a receipt
VT nus proportionate cost presented him
W. hls return Another gentleman told
r'A mat he would rather pay what 1t
.ooId cost him to have the street paved
tA prick, and then let the city restore
we shell pavement.
cA'uefman Watson. chairman OF the
.sommittee on Streets and Lanes, was not
.'.m'd over the likelihood of the case
esuIug into the courts. He said that II
..laAlv would not bankrupt the city,
WV" 'hough the objecting property own
~ should withhold their proportion of