Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-19
OBJECT TO METHODS
So-CalIed Disregard of the Dis
trict Taxpayers.
DISTRICT COUNSEL'S ACTS
Commissioners Refuse to Comment
Upon the Charges.
AN EARLY REPORT EXPECTED
Trouble Growing Out Of Operation Of
the Assessment Laws-Al-
legged Confscation.
AN EARLY REPORT EXPECTED

sioners within the last two weeks pro-
testing against the manner in which the
corporation counsel's Office is conducted, and
in which this branch of the District gov
eminent Is severely arraigned for its al
legged utter disregard of the duties of the
District to protect taxpayers from Illegal
and conf1scatory taxes and assessments.
The writer's also declared that this office
interposes all possible defenses, technical
and otherwise. that might be necessary to
obtain a judgment in favor of the District
of Columbia.
One of the letters received by the Com
missioners was sent by George E. Sullivan
an attorney with offices In the Fendall
building Another letter was forwarded by
H. Anton Hetmuller, an attorney with Of
fees in the Walker building.
Although the Commissioners, when asked
Tor an expression Of views upon these
urgent protests. refused to make any COM
ment. 1t was said by one of them that the
CRITICISMS OF these attorneys may be due
to the fact that they were interested in
cases which were defeated by the cor
poratton counsel. The same Commissioner
said he does not consider it unusual or ex-
traordinary that the corporation counsel
should exert every effort In winning cases
for the District government fnasmuch as
he Is employed for that purpose.
Attorney Sullivan. in bringing the atten-
ton Of the Commissioner to the alleged I'M
just conduct Of the corporation counsers
office and asking for a remedy OF the same,
mace particular reference to the law relat-
ing to minor streets. He declared that the
enforcement Of this law has proven almost
a positive confiscation.
Not Alone the Law.
This hardship and injustice to the citi-
Gems is not entirely imposed by this law
ITSELF" Mr.. Sullivan declared, but chiefly
by the improper and illegal administration
of the law theory ha no cole
function Of the jury was to assess the whole
cost Of the street, including marshars and
jurors fees. as benefits within the area
defined by the law. without regard to
whether there were actual benefits in any
such amount.
This being so, it was taken for granted
that your board would, recognizing your
duty to the citizens of the District to pro-
tect them from confiscatory and illegal
special assessments. readily acquiesce in
the granting of relief from the Illegal spe-
cial assessments in the various cases
which had resulted from the improper and
unwarranted administration Of the minor
street law.
Your corporation counsers Office, how
ever very shortly announced the intention
to fight, in all cases, the granting of re-
lief against these illegal special assess
ments levied under the improper and IL
legal administration of the law"
Cases Are Cited.
Mr.. Sullivan cited several cases against
the District In which illegal special assess
ments were imposed during the improper
and illegal administration of the law He
referred to the Brandenburg case. When
it was decided by the Supreme Court 1t was
improper for a jury to assess the whole
cost Of q minor street, including the Jurors
and marshars fees as benefits" within
the area limited by law. without regard to
whether there were actual benefits in any
such amount. The court. he said ordered
that the special assessment be Cancelled
but the board of Commissioners refused to
cancel these special assessments.
He concluded by saying: Il write this let
ter for the information Of your board and
in order that the matter may appear OF
record in your office, because 1t Is very evil
dent that either the corporation counsel 8
Office is grossly mistaken as to the attitude
Of your board with respect to requiring
every conceivable defense. technical or
otherwise, and regardless of the interests of
Justice to be interposed. your board Is
in error in stating to the public through
speeches and other means of communica-
ton that you represent the people of the
District in a truly democratic sense, are al
ways-on the alert to see that justice Is done
to every one and always welcome express
sions on the part of individual citizens re-
garding your action respecting any matter
in order that the right thing may be done
The criticism and objections presented by
Attorney Heitmuller were similar to those
Of Mr.. Sullivan.
CORPORATION Counsel Thomas. to whom the
letters of protest were referred by the
Commissioners for comment" declined to
make any statement today In connection
with the case, other than that he will make
a report to the Commissioners