The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-09-02
WILL DEMAND DAMAGES
FROM THE CITY
POSTMASTER APPARENTLY IS
PREPARING FOR LITIGATION
OVER STREET REPAIRS.

filed communication with the city
auditor 10 be submitted 10 the com.
mon council al It's next meeting. The
communication Is in relation TO the
street improvements now being done
on West Commercial street, on which
the rear portion Of which Mr.. Hahn's
home property faces. lie alleges that
the improvements have and will con
tinue to dp great damage TO his prop
erty and his communication intimates
that the action and proceedings by
the council in carrying on this street
work have not been property insti-
tuied or carried out. Mr.. Hahn
also placed in the hands OF Mr.. Han
son, the chairman Of the committee
on streets, statement Of the dam
ages that have or will result to his
property as a result Of this improve
ment. The damages total $2725, and
Mr., Hahn segregatcs them as fol-
lows: Filling 100 by 100 feet, $500;
replacing garden soil and manure,
$3.50; relaying sewer on Second street,
$3.50; extra grading OF street, $1,000;
damage to lots ard FIJI in front Of
same, $500; cost OF removing extra
dirt, $500; incidental expenses, SIS.
II seems apparent to some OF those
concerned in the matter that Mr..
Hahn is preparing for litigation to
conserve what he deems his rights,
In his communication Mr. Hahn
calls attention to :he fact that the
grade had already been established on
this part Of the street, and it is be-
cause new grade has been establish
ed-by improper proceedings or not
that the trouble arises. This one fact
seems TO make Mr.. Hahn's position
strong one
II is not difficult to find people
who say that the whole improvement
is bad job"-the main complaint
being that there was no need for the
big fll that is being made. Another
iutimation is that Mr.. Hahn has
political enemies who are endeavoring
TO hit him through the council His
communication in part is as follows:
"The street in front OF these certain
lots was graded by me so as to com
ply with the original grade as estab,
lished by the common council The
city charter gives information not
only to the taxpayers, but even to the
members OF the common council, as
to how TO proceed to change once
established grade, and how, and to
whom, to assess the damage caused
tc any lot or lots by such change of
grade. The presumption being, and
the stand is taken by the charter, that
the grade after being once established
would or should not be changed by
the council except by petition sign
ed by majority of the property
owners on said street and showing
that great benefit would accrue to
them and the public by such change
OF grade.
The words may assess as they ap-
pear in this section OF the charter,
are to be considered advisory, show
ing that the council would be justified
by Laws In fact it being the duty of |
the common council to assess the
damages caused to any lot or lots to
the lots benefited by such change of
grade, and to guard the city treasurer
against any loss through neglect of
charging such damage to lots deriving
a great benefit by such change
This does not deprive the injured
lot owner from collecting damage
through the court if the council failed
10 do their duty The amount of
damage to lots caused by such change
IF grade cannot be properly estimated
when the common council gives the
notice or when they pass the neces-
'ary ordinances, but they do accrue
shen the actual physical change takes
,lace, as in this case, when the bulk
read Is completed and the contractor
las finished the work and the same is
Iccepted by the council committee on
treets and public ways AT this time
is the duty Of the common council
o give the award and fix the amount
,f damage to the satisfaction of the