Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-04
Establishment of Minor Streets.

To the Editor of The Star:
Apropos of the article in Saturdays Star
concerning the law governing minor streets
and reciting that the Commissioners will
make an effort before the next Congress to
have the present law for the conversion of
alleys and courts into minor streets modi-
fed, because the method of assessment
for the conversions is a hardship in nearly
every instance, and in a number of cases
will mean confisca ton" l think attention
should be called to the real situation in
connection with this matter.
1t certainly would mean a great deal to
the citizens of this District, especially to
the poorer citizens thereof, If the Commits
sioners would, in the future, bear in mind
that they have duty to protect the citi
zenS from cOnfiScatOry special assessments.
But it is to be feared that they have not
as yet developed such a state of conscious
ness as to their duty in this regard as the
article in Saturdays Star would seem to
indicate. The reason l make this statement
is twofold:
In the first place. because the Commits
sioners are at the present time doing every
thing in their power to prevent the cancel.
lation by the courts of one of these con-
fiScatory special assessments involved In q
certain case (the name of which be
furnished) now pending before the Supreme
Court of the District of Columbia, notWith-
standing such assessment was made under
the same character of law (and worse)
than the present law on the subject, and in
a manner which was condemned and de-
clared to be Illegal by the United States
Supreme Court in the case of Brandenburg
against the District of Columbia, decided on
March IL. 1907. Not only this, but the Com
missoners, after having, through their cor
poration counsel, administer the law in
all cases previous to the decision in the
Brandenburg case, on the theory that the
whole cost of opening minor streets, includ-
ing the marshals and jurors fees, had to
be assessed las benefits whether the prop
ertyy I'D lptll Dll hn tod to hot
extent or not. and after the United States
Supreme Court in the Brandenburg case de-
clared such a method of procedure to be
an illegal administration of the law, have
even gone so far as, in the pending case
above mentioned (Which arose during such
illegal administration of the law, to repre-
sent to the court in their filed answer that
the law was not SO administered, but that
the assessments We're measured solely by
the extent of actual benefits, such answer
being not only contrary to the fact, but
directly in the teeth. of a communication
written by the Commissioners under date
of December Ii, 1903, to the Senate COM
mittee on the District of Columbia.
In the second place, Eecause the credit
for affording relief of any character from
the outrageousness and hardship of this
minor street law belongs to the United
States Supreme Court, which has construed
the law as not tolerating a method by
which the whole cost of streets as
sessed against private property. regardless
of the extent of actual benefits, and no
credit whatever belongs to the District
Commissioners in such connection who re-
sisted the granting of relief from the hard
ship of the law The citizens of the Dis
trict do not need the efforts of the Com
mssioners now to modify the law, because
the United States Supreme Court has held
that the law cannot legally be administered
in such manner as to impose the whole cost
of minor streets upon private property, re-
CARELESS of whether they are actually bene-
fitted to such extent not. All we need
commissioners ia adj
minstration of the law in the future and
due regard for the rights of citizens whose
property has been subjected to confiscatory
special assessments under the former lille
gal and improper administration of the
law All that is left for the Commission
ers in view of the decision of the United
States Supreme Court. in respect of apply
ing to Congress is the mere matter of
! detail of having the future appropriation
bills of Congress conform to such decision.
GEO. E. SULLIVAN.