The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-07-24
CITY INSISTS
1T WAS RIGHT
IN GWINNETT STREET CASE.
VERY RECENT UNITED STATES So.
PREME COURT DECISION.

Member of Council Says Judge
Speer's Decisions in CASTOR and
Gwinnett Street Cases Has Been
Passed Upon by Highest Court in
Land-In Case From Missouri II
Was Decided That City OficInIs
Have Power to Order Improve
ments, and no Court Has Right to
Determine Whether Power Is Ex.
ercised Wisely.
Under the most recent decision OF
the United States Supreme Court
there can be no doubt of the abso-
lutte reversal of the judgment of Judge
| Speer in the CASTOR street paving and
Gwinnett street track cases, said
member of City Council yesterday.
This decision was handed down on
May 81, and appears in the advance
sheets of the opinions Of the high
est court of the land just issued.
1.-The law" the decision says, has
vested this power in the representa-
tives of the city, and the courts are
not at liberty to determine whether
the judgment is exercised wisely or
unwisely" The power referred to is
the power to order new pavements
put down. The alderman who was
discussing the case says the same is
true of the laying of street car tracks.
THE case in question was on cross
| appeals from the Circuit Court OF the
United States for the western district
! of Missouri. 1t grew out of the re-
paving Of a street of Westport, a SUBJ
urb of Kansas City, with asphalt, the
| property owners claiming that the re-
paving was unnecessary, the old pave
ment being in good condition, and that
| the assessment against them was IL
legal.
That Fourteenth Amendment.
Under its opinion, the United States
supreme Court held that 1t is not the
| purpose of the fourteenth amendment.
as has been frequently held to prevent
the states from classifying the subjects
of legislation, and making different
regulations as to the property of diff
ferent individuals differently situated.
The provision of the federal consttu
\ ton is satisfied If all persons similarly
situated are treated alike in privileges
conferred or liabilities imposed
Upon the cross appeal" the United
states Supreme Court says: THE learn
ed judge in the court below held that
the Wyandotte street tax bills were
void, because that street had been pre-
Vlously paved with macadan in thA
years 1928, four or FIVE years before
the asphalt paving was laid. which
macadam he found to be in good condi-
ton and but little worn. In the opin-
ion of the trial judge the repaving of
the street was unnecessary.
With Board of Aldermen.
I'VE think this conclusion overlooxs
| the fact that the power to construct
| Improve and pave streets was vested
| by the law of Missouri, as 1t generally
is, in the board of aldermen. The ne
cessity OF such improvements is a mat
ter OF which they are the exclusive
| judges. and their judgment is not to
be interfered with by the courts. ex-
cept In cases of fraud or gross abuse
of power.
This power of the city board is a
continuing one, and the mere fact that
a pavement has been once laid does
not require the interference Of the
courts when the governing body of the
city, in the exercise of its Judgment.
has determined that the necessity for
repaving has arisen"
ITO hold otherwise" the court con-
tinued, would be to substitute the
judgment of the court as to the expe-
diency or necessity Of making such
improvement for that of the body del
egated by law with the power and re-
sponsibility of action in the premises.
The court below should have regarded
the judgment of the board of aldermen
as to the necessity of repaVing Wyan-
dotte street as conclusive upon it."