Evening star., 1901-10-14
POWER OF COMMISSIONERS
DEFINED IN AN OPINION BY ATTOR-
NEY DUVALL.
Property Owner Charged With Inter-
est Whose Bill for Assessment
Was Not Ready.

Commissioner John w. Ross recently
called to the attention of his fellow-mem-
bers of the District board the case of Mrs.
Mary l. May, who was served with notice
as Mary 1. McAllister, 173S Columbia road,
and presented with bills for special assess
ments for benefits in the condemnation pro-
ceedings in the matter of the widening of
Columbia road and 18th street. The bills
bear interest upon their face from July Q,
IDOL Mrs. May stated to Mr.. Ross that she
called at the District building about the
18th or 10Th of July and was prepared and
wished to pay the amounts due, but was
Informed that the bills had not yet been
prepared. They were served upon her for
the first time September 30 last. Mr.. Ross
stated that Mrs May was willing and anx-
ious to pay, but did not deem II proper that
she should be charged with interest when
she was prepared to pay in July, but could
not because the bills were not ready. A
statement from the special assessment clerk
was to the effect that the &C. of Congress
under which the assessments were levied
provided that interest should be charged
from the date of confirmation of the award
of the jury by the court. The papers IN
the case did not reach the special assess
ment office until the 4th day of September,
and the bills were served at the earliest
possible date thereafter
The matter was referred to A. B. Duvall,
the attorney for the District, who, in an
opinion submitted to the Commissioners,
states that the Commissioners are not at
liberty to disregard an unequivocal act or
Congress, however clear it may be to them
that its provisions were improVldently In
serted.
Views of the Attorney.
Speaking of assessments for benefits
In street extension cases. Mr. Duvall says:
''The provision that these assessments
shall be payable, with interest at the rate
of per centum per annum from the date
of confirmation until paid is provision
which is found in the several acts of Con-
gress of June. 1900, direct street condem-
nations. The provision in the acts OF
March. 1899, on the subject of assessments
for benefits was that they were to be col
lected as special Improvement taxes. have
been collected since February 20, 1871, and
shall be payable in equal {annuaD INSTALL
ments, with interest at the rate of per
centum per annum until paid.
Special Improvement taxes in the Dis
trict are collected under the provisions of
the appropriation act approved August .,
1894 which provided that interest should
be charged at the rate of per centum per
annum from the date of service 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 further notice of an assess
ment imposed IN a 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 Off
GERS to receive payment.
Subject to Appeal.
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 sew
eral of the condemnation cases, so that
it is and was not only impracticable, but
impossible for assessee to pay the as
Immediately upon the final con-
frmation 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 Con-
gress.
THE Commissioners are not liberty to
an unequivocal act of Congress,
however much they may disapprove of it,
and however clear it may be to them that
its provisions were improvidently 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
only from and after sixty days
Or some longer time after the final con-
hrmation of the awards in such cases. and
that there be refunded to parties who have
paid under written protest interest on these
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