Evening star., 1921-06-19
The Borland Law Inequity.

The Borland Law Inequity.
- Whatever the effect of Justice Stat
ford's decision in the matter Of the
Borland laws application to paving
in the suburbs. it serves effectively to
direct attention anew to the inequity
Of that statute. The District has pro-
tested it from the moment Of its pro-
posal and has hoped for its repeal
throughout the years Of its enforce
ment. 1t hopes for its repeal now.
=, 1t is well in considering this matter
TO bring to mind the extraordinary ma
.tlre Of Washington's street plan and
the peculiar obligation imposed upon
the nation in respect to its develop
ment, improvement and maintenance.
The street extension plans as sane.
toned by Congress contemplated sub.
stantially the reproduction in the
'scounty" Of the street plan Of the orig
inal city. There was no material re-
duction in the avenues. The same sys-
tenn Of communications was devised
for the suburban as for the urban area.
Under the street extension law the
entire District is mapped as a potential
city area.
:, The original plan Of Washington
was on a national. not a local. scale.
the broad streets. avenues and alleys
.eoccupying more than one-half the en-
tire area. The scheme would have
been absurd for a self-supporting. self
developing Maryland village Of that
day. Extension Of that plan to ad-
5acent territory was absurd as we'll as
unjust and oppressive. save on the
basis that the nation should stand in
the same relation to the enlarged As
% the original city.
In the adoption Of the street ex-
1ension plan Congress. in direct viola
tion Of all equities. cut out the United
States from participation in the cost
Of carrying the streets beyond the
original plan. In effect Congress pro-
yided that the broad scale Of the cap
ital established by the United States
fer its own use should be extended to
the suburban area. but that the people
Of the District should bear the whole
cost Of street making.
=: In logical extension Of this distinct
II unfair treatment of the District
came the Borland amendment, provid.
mt for limitation Of the federal share
in, the cost Of street Improvements to
one-quarter and leaving the remainder
to be divided. two to one, between the
property owners by direct assessment
and thu District general revenue.
= Tho inequity Of this plan was ap-
parent upon its proposal. Take, for
example, tho case Of 4 man living on
. street not fully improved. He has
perhaps been paying taxes for years,
thus contributing his share Of other
street improvements on the half-and
half basis tnow temporarily sixty
fortyeand now that his own street is
% Be improved he finds the govern
ment's participation and that Of his fel-
low taxpayers living on improved
streets cut down by so per cent and his
own burden increased. The same rea-
soning that applied to demonstrate the
ineauity Of the withdrawal by Congress
from equal participation in the cost
Of street extensions applied to this
partial withdrawal Of federal support
for all street improvements. whether
urban or suburban.
:. A bargain was repudiated. Dwellers
on unimproved streets in the original
city suffered an Injurious discrimina.
tion. Suburban Washington was set
apart in point Of financial treatment
- though it were not a portion Of the
National Capital. although no eye can
distinguish from physical appearances
bstWeen that section which by con-
gRsssional dictum is still recognized
through rsttoed federal payments rs
the National Capital and that which
IN point Of fiscal treatment in the mat
ter Of street extensions and improve
ments is rated as negligible hinterland.
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