The Washington times., 1901-08-22
AFFAIRS OF THE DISTRICT.
The Attorneys Opinion on Special
Assessment Cancellation.

Though Improperly Made in Some
Particulars the Levy Should Hold
Correspondence on Street Names
Fircmen on Duty ut Theatres
Andrew b. Duvall. the Attorney for th'
District. yesterday submitted to the Com
missioners an opinion upon the applica'
ton of w. II. ManogCe, attorney for Cal
win Payne, for the cancellation of a spe'
cial assessment against the north part OF
lot 26, square 995. for paving alley. Mr.
Duvall, after reviewing the case fully
gives the opinion that the application
should be denied.
1T appears" he says, that the assess
ment complained of was levied on August
| I, 1896, against 11751 feet front of said
lot in the name of Calvin Payne. In point
of fact, his abutting property on the
above alley had a frontage of N.a feet
The attention of the Assessor was called
to this May %, 1901, when the error was
corrected; this action was taken upon
the written request of the owner and a
corrected bill served on him.
1T is now claimed by his attorney that
the assessment is invalid, because it was
changed and practically a new assessment
made
1.-The original assessment was improp-
erly made, inasmuch it embra led an
entire frontage not assessable 20 one own
| err; but the assessment was under the
law, according to the front foot; and the
| correct portion is, therefore, clearly sep
| arabic and distinguishable from the part
| that is invalid.
| Such an assessment, in my judgment,
| Is sustainable as to the part which is
| correct The corrected assessment, how
ever, so far as interest and penalties are
| concerned. should be treated as an assess
ment as of the date when the correction
was made. Prior to that time, the owner
| was under no obligation to pay the assess
ment because it included property other
| than his own: and he was not in default
| in payment until the matter was correct
ed. This, in effect, is the view of the
Assessor.
IF upon legal proceedings the original
assessment should be quashed by 1udg-
ment of the court the Commissioners
would be authorized under the reassess-
ment act, approved April "a, 1886. to re-
assess the tax within ninety days after
the Judgment of the court since there
can be no question as to the right of
the public authorities to levy the tax or
which the assessment was levied In
the event of such reassessment. interest
and penalties would be chargeable, I'M
less payment was made within sixty days
after service of the notice of reassess-
ment.
tically the same relief upon his applica-
ton of May 90, 1901. II will be observed
that the correction of this assessment
was made at the request of the owner
la..t aaFft a m nj
that the application for cancellation OF
the assessment as corrected should be re-
fused"
The Commissioners yesterday received
several letters relative to the proposed
changing of street names.
John w. Broshers, of Winthrop Heights.
objects to any change in the name of Gin
cinnati Street in Winthrop Heights, or the
Montello subdivision.
las my deed calls he says, ''for
certain number of feet commencing on
given point on that street and running
so many feet on Twentieth Street, and so
on to the starting p5:nt, and as we have
donated all our rights to said streets to the
District of Columbia, as Cincinnati Street
and Twentieth Street, 1 think We are
entitled to the retention of the names,
as changing them will confuse and injure
the title to our lands"
John NJ. Rankin, an attorney of the
Atlantic Building, writes in similar
manner regarding Kalorama Avenue.
THE protest of Mr.. ]. B. Winner
against changing Kalorama Avenue to
Yates Street has my cordial concurrence"
says Mr.. Rankin. II own property and
reside on Kalorama Avenue, and am very
strongly opposed to the proposed change
in its name.
While the proposed change OF nomen-
clature is theoretically meritorious, 1t
seems to me that the advantages pre-
sumed to result therefrom are decidedly
more fictitious than real In any event,
unless there Is some very cogent reason
for making a change in the name of any
street, it would seem reasonable that the
wishes of the property owners should
prevail. i sincerely trust that no change
will be made in this instance
Thomas w. Gilmer, Of 545 Florida Ave
nue. northwest, approves the plan and
writes follows:
Your proposed system of street nomen-
clature for the county is highly approved
by me, and hope you will obtain authorf-
ty to use the same system within the
present city limits. The system is practi-
cally the same as that which l have advo-
Gated for years. i am an owner OF prop
erty on some of the streets to be changed,
but l am certain that the changes Will
not inture property in any way
THE opposition seems to be based en-
tirely on sentimental grounds. Some of
your correspondents evidently fail to I'M
derstand the sytem- Doubtless there was
fully as much opposition when the names
of the streets In old Georgetown were
changed. Years ago Congress Street was
changed to Thirty-first Street High Street
became Thirty-second. Street took the
place of Beall and Bay Street became
plain n. and many other similar changes
were made. Now there is no one so I'M
progressive as to regret those changes.
Il am interested In property on Yale
Stree, between Thirteenth and -Four.
to Charming. l should prefer the name
Capron. In honor of Captain CaPron, who
was killed in the Spanish war. but Chan
ming is good enough. Bismarck is a con-
tinuation of Yale Street. but not one
person in ten knows its location. When
Bismarck becomes Claiming everyone who
understands your simple system will know
at once that Claiming Street is the third
street in the second alphabetical list. The
initial letter and the two syllables so in
dictate.
When the changes go into effect you
will doubtless cause both names. the new
and old, to appear on lamp posts and on
the maps until the people become accus-
toned TO the changes
r. w button, Chies Engineer of the
Fire Department, has forwarded to the
Commissioners communication from
Whitman Osgood, manager of the Acad-
envy Theatre, relative to the detailing of a
fireman for duty on the stage of the Acad-
envy at every performance. Mr.. Osgood
asks that the fireman be detailed in full
uniform, and that he be especially
equipped as the Chief Engineer may deem
necessary and desirable.
Chief Dutton. in forwarding the request
AG Mr.