Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1912-01-12
More About Local Assessments.

rected to the case of Rucker Bros.
rs. the City of Everett, decided by
the Supreme Court OF Washington,
a few days ago. While the rulings
in this case establishes no new rule
of law in relation to the necessity of
making objections to the assessment
rolls before the City Council prior to
confirmation of the proceedings, and
if any property owner feels aggrieved
he should appeal to the Superior
Court directly, in order to correct
any errors or injustice that may
have been inflicted upon him. Fail
ing to avail himself of this remedy,
he is apt to suffer injury and preju-
dice, as many owners are experience
ing to their chagrin snd sorrow.
The Everett case was stronger
one in favor OF the owners rights,
than can be found relative to the
making OF objections and entering
protests at the proper fine. Ever
EFT being a city Of the firstclasS.
adopted its own charter, in which it
was provided that no assessment
shall exceed fifty per cent. of the as
sessed valuation of the property in
volved. The assessment in question
was beyond this amount, the own
ers did not appear before the Coun-
Gil and enter protests, assessment
was void as being beyond the limita-
ton fixed by the charter. There
upon, the owners brought an origin
al action in the Superior Court of
Snohomish county to annul the as
sessment on this ground; the trial
court, and the Supreme Court on
appeal. held that the objections came
too late, that the owners were
estopped from questioning the valid
ity of the assessment,
In cities of the third-class, like
Olympia, which have no special char
ter, no such Limitation can be found,
and therefore the decision is all the
more significant. Many property
owners have been too dilatory in
initiating the contest before the
Council, partly because it is an in
herent Characteristic of humanity to
delay and procrastinate, and also
because the owners do not like to
employ attorneys at their own ex-
pense to make the contest. but often
get over their squeamishness later
on when whatever rights they may
have had have elapsed, and they be.
come inculpated for their trouble
and expense incurred, and in the end
will be compelled to pay not only the
assessments but also accumulated
penalties and interest. or let their
property 60 to the bond holders. OF
purchasers on foreclosure of the
liens, which is not desirable in every
instance. especially in case of the
home-owner.
II an attorneys services are ever
needed in these matters, it is at the
incipiency of the proceedings, when
the objections may be made available,
not after the cinch shall have been
clinched.
| There is another class OF owners
who imagine If they make protest:
before the Council and they arr
overruled add without appealing tt
the Superior Court. they will be in 6
position to review their objections by
bringing an original suit. or contest
the foreclosure of the assessment
lien, but they find they have slept or
on their rights, that the former pro
tests do not count. 1t is true the
Council has too much power in thest
matters, but the Legislature has 81
provided in order TO subserve specia
interests. Who elects the legisla
tors? The voters. who too often re-
ceive graft. cinch and confiscation in
consideration of their ballots-bu,
they will do it, and there you have
it. 1t is a long lane that has ne
turn, but there is bene6cent prin
ciple manifest in all the works of the
Creator. The upward movement o.
the pendulum is always equated by
the backward swing. In the mean
time suffering and injustice must
needs be-" Blessed are they who
} have their lamps trimmed and burn
ing at the proper time, that they
; may see the pitfalls before they shall
have become ensnared.