The Washington times., 1901-10-13
AFFAIRS OF THE DISTRICT.
Remission of Interest on Assess
ments for Opening Sixteenth Street.
The Attorney Holds the Commission
ers Cannot Change Decree of
Congress-Estimates of Board of
Charities Vice in Poo1rooms.

At the instance of Commissioner Ross.
the question of the remission of inter-
est on certain special assessments against
lots 81 and SO, block s, Commissioners
subdivision of Washington Heights, was
referred to the Attorney for the District
for his opinion. Yesterday the opinion
was submitted. 1t appears that the prop
erty was assessed for benefits in the con-
demnation proceedings for the widening
of Columbia Road and Sixteenth Street
1t also appears that Mrs. Mary l.. May,
the owner of the property, called at the
office of the collector last July and Of
fered to pay the bills, but was not allow
ed to do So because the bills had not Deen
made out. The Attorneys opinion re-
views the verdict. award, and assess
ment of the jury, finally confirmed July
8, 1901 by an order passed by the Su-
preme Court of the District of Columbia,
and says:
ION September 80, 1901, the assessment
bills against the above mentioned par
GELS of land We're served on the owner,
who expresses her willingness to pay the
same, but objects to the charge of in
terest from July 9, 1901, inasmuch as she
was prepared to pay in July, but could
not do SO because the bills were not
ready.
''The provision shat these assessments
shall be payable with interest at the rate
of i per centum per annum from the date
of confirmation until paid is a provision
which is found in the several acts of
Congress of June, 1900 directing street
coudemnations.
1.-THE provision in the acts of March,
1893. on the subject of assessments for
benefits was that they were to be col
Iected as special improvement taxes have
been collected since February 20. ISL, and
shall be payable in equal (annuaD install
mente, with interest at the rate of per
cent per annum until paid.
Special Improvement taxes in the Dis
trict are collected under the provisions
of the appropriation act, approved Au-
gust Z, 1894, which provided that interest
should be charged at the rate of per
cent per annum from the date of ser
vice of notice on all amounts which shall
remain unpaid at the expiration of sixty
days after the service OF notice OF such
an assessment
while as a matter of law there is no
necessity for a further notice of an as
sessment imposed in court proceeding
upon the property of owners cited into
court. yet it is quite apparent that this
provision respecting interest IN the acts
OF June, 1900. is at once impracticable and
unjust. These benefit assessments made
by the jury are contained in a decree of
the court. and yet there is, and should
be, no authority in the court or any of
its officers to receive payment.
furthermore the order finally confirm
ing the verdict, award. and assessment is
subject to appeal within twenty days, and
in point of fact appeals were taken in
several of the condemnation cases. so that
it is and was not only impracticabla but
impossible for an assessee to pay the as
sessment Immediately upon the final con-
firmation Of the award; as a consequence
there is and was no way for the owner
to prevent the penalty of interest upon
the assessment. The practical situation
is one that should be relieved; but relief
can only come through further legislation
by Congress.
THE Commissioners are not at liberty
to disregard an unequivoca1 act of Con-
gTess. however much they may diSap-
prove of il, and however clear 1t may be
TO them that its provisions were improvi-
IDENTIFY inserted.
Il have the honor, therefore, to suggest
that you recommend to Congress that the
provision respecting the charge of interest
in all the street extension condemnation
cases be changed, so that interest will be
chargeable only from and after sixty
days, or some longer time, after the final
confirmation Of the awards in such cases:
and that there be refunded to parties
who have paid under written protest in
terest on these assessments for such
period"