The Plymouth Republican. (Plymouth, Ind.) 1878-1901, 1901-06-27
PAVING
THE LEGILATuRE FAILED TO MAKE
EVERYTHING CLEAR AND PLAIN
LAST WINTER. SOME LAW POINTS.

The fate OF the paving project appears
to be milling still in the balance it's adj
vocatee claiming that il will succeed and
its opponents seeming equally coutident
that it will not. THE demonstrators on the
porth Michigan street section have until
July and the others until July 10 to file
their objections. so it is toe early to pre-
dict the outcome and the discussion will
GO merriiy on. AS some of the interested
parties have not yet formed their opin-
ions and others will perhaps change
their minds it would serve no Useful pur-
pose to publish the favorable and uu-
favorable lists at this time.
Besides the question Of public utility,
involving such matters as convenience,
health and economy. there are several
mooted law points under discussion and
the general assembly of 1901 is being
freely criticized because of the iooeenese
with which the statute amending the
Barrett law was drawn. The amenda-
tory act originated in the House and
was approved by the governor March IL
of this year; it begius on page 534 OF the
Acts OF 1901.
A question of much interest and on
which there is wide diversity of opin-
ion .slates to the right TO demonstrate.
Upon this the statute reads:
PROVIDED. That nothing herein con-
tanned, shall prevent any property owner
whose lands shall be assessed for the i'm
proveraent of any street. to demonstrate
against said improvement at any time
before the letting of the contract, and il
the remonstrance IL signed by two-thirds
OF the property owners. residing upon
the lots abutting on such improvement,
and representing two-thirGs OF the num-
Der of hneal feet OF such improvement,
then all further proceedings shall be
ba ldoned."
This seems TO mean that any owner of
property whose land is assessed may re-
monstrate, out that the common council
is not bound by the rewonstrance unless
it ie signed by a sufficient number of
assessed property owners who reside up
on lots abutting on the improvement to
represent two-thirds of the iineal feet of
the improvement. In other words. every
assessed property owner has voice but
| only those who reside upon the improve
ment have votes and it requires enough
votes to represent two thirds of the
frontage to defeat the project.
But the lawyers do not agree upon
the Interpretation nor upon the consti-
nationality OF the law quoted. Some
say that its meaning is that if two thirds
OF the resident property owners on the
line protest. or If the owners of
two-thirds of the frontage regardless
OF residence object, in either case
the proceedings must be abandoned,
Others think the residence clause is
meaningless and should be disregarded
There are questions as to whether street
and alley crossings should be counted in
computing the frontage, whether the
directors must all assign the same
grounds of protest, and whether a resi-
dent property owner may tack on othef
lots owned by him on the same line in
order to make up the tRo-thirds Of
frohtage.
Other open questions relate to the
method of distributing the cost of the
improvement among those who are to
pay for it. The law says, the city COM
missioners shall assess the cost of said
Improvement upon the property benefit
ed thereby in proportion to the benefits
derived therefrom, but not in excess Of
such benefits" I'm the event the bene-
fits as hereinbefore provided shall not be
sufficient to pay the contract price for
the improvement, then and in that event
the difference shall be paid by the city
in cash cat of its general fund" The
word benefits as used in this act means
special benefits peculiar to the property
as assessed. as distinguished from gen.
erai benefits to the city at large"
Can property back OF the street i'm
proved be assessed? Can private prop
erty be assessed for the cost OF paving
street intersectiorsf Can an individual
be assessed for an amount exceeding the
cost of the work Immediately adjoining
biz property? Can the value Of improve
ments on lot be considered in fixing
the assessment? Can street and alley
intersections be assessed 10 the cityy
These are some OF the puzzles the law
yers find in the law.
The lots on the proposed improve.
mente being OF uniform depth and of
regular shape, it would appear reason
able to calculate the cost OF paving, ex-
elusive of street and alley intersections,
and distribute it to the several lots &C.
o<~d;no ~ fhoir froptaoo urop <bo tho