The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-09
AFFAIRS OF THE DISTRICT
A Citizens Protest Against the Re
laying Of Curb.
The Engineer Commissioners views
of the VaIue of Improved Pave
menf-The Regulations for Protec-
tions Beyonc the Building Line.

/
of the Value of Improved Pave
menf-Thc Regulations for Projec-
/ lions Beyond the building Line.
Henry Calver, of sol Street northwest,
has written TO the Commissioners rela-
tive to the special assessment for curb
/ laid in front of lot &c, square l56, premi-
! ses 1721 p Street northwest. He protests
/ against the assessment as inequitable and
unjust, and asks to be furnished with
copies of the acts of Congress authorizing
the assessment In his letter to The Com
missioners Mr.. Calver says:
Il am served with the enclosed notice
of a special assessment against my prop
erty at 1721 p Street northwest. This as
sessment is inequitable, If not Illegal, in
that / am charged for twenty-four feet
of. curbing put down in 'front.' of my house
when the street was repaved, this curbing
for which l am charged being put down
to replace a curbing taken up for no good
reason whatever so far as L can deter
mine. The curbing removed was in per-
feet condition before it was disturbed, and
at the time it was taken up | objected to
its removal. but the man in charge of the
work of course had no authority but to
obey orders. lie told me 1t was to be put
down somewhere in South Washington.
The curbing taken up was heavy stone
curbng, some Is or is inches in depth,
while the. curbing put down in place of
it was merely an SKIS inch stone. laid
down on a masonry foundation. and so
far as l can see is not so good or sub
stantial curbing as the curbing which
was removed
This assessment purports to he author
! lied by the acts of Congress of August
!. 1891, and June 6, 1900 1t certainly was
not the intention of Congress to permit
special assessments for work not required
or to replace material which did not re-
quire replacing, and which is taken else
where for use. and for which 1 presume
other property holders are to be charged
For my information l beg to be furnished
with copies of the acts of Congress under
which this assessment purports to be au-
thorized. AS the asse ssnent becomes G
charge upon the property, which / I'M
derstand may be sold oFpay the charge,
1t appears to me to be unconstitutional,
as it is nothing more nor less than takir,.
private property for public use without
compensation.
therefore beg your attention to this
matter, as all the property holders on our
square are / presume, charged or to be
charged, for the laying of this curbing
put down to replace the curbing which
was solid and substantial, and as a rule
In perfect conditiGn.'
Commissioner Beach, in forwa riding the
letter for the consideration of the board
makes the recommendation that Mr.
carver be informed that the assessment
OF winch he complains is correct and was
required by law when the curb was set
This new curb was much superior to the
old curb, and when 1t Is considered that
the property has the benefit of the new
N. tIar.
TO 1t than half the cost of the curb in
front of it II is believed that the COM
piainant has received what citizens in
most other cities of the country would
consider very liberal treatment"
Joseph r. Fague, attorney for o. NJ
Bryant, has written to the Commissioners
relative to their recent decision in the APP
plication for the remission of interest and
penalties on taxes against sub-lot of f.
Kelley. of Wright & Coxs subdivision,
for the years 1859 to 1893 inclusive. Mr..
Fague asks that the case be reopened and
that he be allowed to present additional
reasons for favorable decision.
The matter having been referred to the
Assessor, he has now reported as follows:
The statement of Mr.. Fague and the
affidavit of Mr.. S. r. Bond that when he
(Bond) purchased at tax sale and received
deed he was not acting for Mr.. John H.
Duckett, the owner, but was acting for
his own protection as the party secured
by deed of trust on said property and af-
terward quit claimed the property to John
II. Duckett upon the payment of the
amount due under said deed of trust and
tax sale purchase, but he, Duckett. had
nothing to do with the purchase of the
certificates in any manner nor was the
purchase made at his instigation.
II can see no reason for changing the
report in this case under date of April 2.
1901, but in view of possible legal techni-
calities it is suggested in Difference to the
wishes of the attorney in this case that
the matter be referred to the Attorney for
the District of Columbia"
1t is understood that the Commission
ers will approve the report of the AS
SCISSOR.
Joseph Burroughs has submitted TO the
Commissioners a statement relative TO his
application TO build a porch in front of
his house, sis Seventh Street southeast
He expresses his surprise that after an
estimate had been accepted by him for
the erection of the porch he was informed
that his application was contrary to the
building regulations.
The letter having been referred to the
Inspector of Buildings he has now re-
ported that the schedule of projections of
parts of buildings beyond the building line
was amended October -. 1900 limiting the
width of covered porches. The Inspector
states that the applicants house is TWEEN
ty feet wide and a covered porch on this
frontage is limited to eleven feet in width.
Inasmuch the application submitted a
greater width than eleven feet. the In
spector says that it was not forwarded to
the Commissioners, but that the repre-
sentative of Mr.. Burroughs was told that
a permit for the work proposed could not
be issued.
Capt Chester Harding. In forwarding
the report to the Engineer Commissioner,
approved the same, and it is understood
that the Commissioners viii vote that the
permit cannot be issued. -. .
Timothy Brosman, corner of New Jer-
sey Avenue and G Street northwest, has
requested permission to connect hydrant
with existing water pipe on premises
70J First Street northwest. Mr.. Brosman
states that he has been informed by the
Water Department that he will have to
connect with the water main in the alley,
which he designates a hardship on ac-
count of tAe cost.
For the information Of the Commission
ers, II. l.. Karpeles. Acting Chief Clerk
of the Water Department. has reported
chat the house in the rear of 709 First
Street northwest is two-story brick,
twelve feet front. He says that about 1883
en- authorized extension of the water
ser'ice pipe OF the premises under con-
sid eration, to supply the yard of the rear
house, was discovered. Mr.. Karpeles
says further that investigation failed to
show when or by whom such extension
was made, and he says that the matter
was dismissed by the payment of the
regular water rent. Continuing, Mr.
karpeles says:
I'm view of the fact that there is an