The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-07-13
VOICE OF
THE -
PIE O p L e
MARKHAM EXPLAINS.

months. much criticism has been heard |
about assessments for improvements In
West Hammond, particularly for paw
ing 155th street and place.
I was employed with other counsel to |
represent the village in securing a con- |
firmation of the assessments In ques-
ton. When these cases came up in the
county court, over seventy-ive per cent.
of the property owners were represent
ed by numerous attorneys. They haG
an opportunity to object to the reason
ableness of the Improvement (brick on
rolled sand) None of them took ad-
vantage of this opportunity. Not a
voice was raised against the improve
ment upon any point whatever. These
directors were entitled to a jury trial
on the question of whether their prop
erty was assessed more than 1t would
| be benefited by the improvement, but
no jury trial was asked.
| I made an offer in open court to give
every person assessed a reduction of
ten per cent. which offer was gladly ac-
copied by counsel for all DIRECTORS and
Judgment entered accordingly.
| My duty in connection with this case,
outside of DRAWN necessary notices ad-
vertising for bids and the contract be-
| tween the contractor and the village,
ended.
The aggregate amount of the assess
ment, as confirmed in both streets. was
$4,000. The aggregate contract paid
for paving both streets, was about $685.
5000.
The ordinance required the contractor
to use first class vftrifed paving brick.
1t is Illegal to specify particular KING
of brick, under the statute prohibiting
the construction of any monopolistic
4 Improvement. To specify a certain
brick, excludes the village and contrac-
tor from using any other variety ant
puts both village and contractor at the
mercy OF the Brick Co.
About the time bids were received, a
committee claiming to represent the
property owners, demanded that Metro
lpolitan Brick be used. The contractor
put in an alternative bid, under the
terms whereof he notified the village
that he would charge additional
price If compelled to use Metropolitan
brick. The extra cost per lot involved
in using Metropolitan brick in prefer
ence to any other kind or first class
brick, amounted to about $500 per lot.
| I publicly advised the Board of Local
improvements that 1t beyond its
power to compel the contractor to use
Metropolitan brick and to deny the re
quest of the committee. Zone of the
in the village).
| The board took the same position I'M
til some Of the property owners became
. insistent and then ordered that the
i metropolitan brick be used. Then the
, board of local improvements appointed
inspectors. competent men who would
have properly and intelligently super
lvised the construction of the improve
: ments, but the self constituted commit
: tee OF the property owners" presented
a demand that the inspectors appointed
by the board be removed and new in
spectors principally members of the
committee) be appointed and the board
lunwisely acquiesced In their demands
After the curb was built. a number
of property owners demanded that the
grade of the street be raised, involving
Jmuch filing (the cost of which on both
streets amounted to about 100000
THE Board of Local improvements was
advised, both by myself and the engi-
l neer. to adhere to the grades establish
: ed by the ordinance; that 1t was beyond
the pover of the board to make q
change In the grades and that 1t was
the duty of the board to cause the i'm
? proyement to be constructed according
q TO the provisions of the ordinance and
( specifications.
The records are silent TO whether
the board ordered the grade changed, oil
whether 1t was done on the initiative o.
g 1.-The inspectors, but the fact remains
J. that as shown by the records, al
= agreement was made with the contrac
tor to pay him certain sum per YARD
for extra filing necessitated by raising
the grade so the matter must hay'
g come before the board IL some maiinc
y and a decision arrived at involving thu
raise in the grade
An examination of the records las
week, brought to light other allowance
mot properly chargeable to the specia
l. assessment fund, but rather to the VIII
lage and are included in the items de
ducted from the cost properly charge
IS able to the assessment
Thus. there was nothing for the cour
to do, except to separate the items 0
. Icost chargeable to the property owner
land the items chargeable to the village
~ which was done.
lr While the action of the board il
h Ideviating from the provisions of tn
ordinance, was in obediance to the in
sistent demands of a large number o
property owners, some of whom hav
lie been loudly complaining because of tn
n extra cost entailed by a complianc
!, with their demands, the fact remain
- that IL the board had followed the ad
vice of the attorney and engineer, a
ly the subsequent trouble would have bee
w avoided and a large sum of money saw
70 ed to the village. Respectfully,
SAMUEL K. MARKHAM.