Evening star., 1921-06-16
CITIZENS MAY SUE
FOR ASSESSMENTS
District Will Become Defend
ant if B0rIand Law Deci-
sion Is Sustained.


Claims for assessments collected
under the Borland law running into
hundreds Of thousands Of dollars will
be lodged against the District gov
ernment by taxpayers. it was indi-
Gated today. if the decision Of JUS
tice Stafford in the District Supreme
Court yesterday. holding the law to
apply to City streets only. should be
sustained by the Supreme Court of
the United States.
The decision. which will be car
ried to the District Court of Appeals.
came as big surprise to municipal
officials. who have enforced the Bor-
land law on the theory that it ap-
piled to all streets and highways in
the District.
1t was admitted that assessments
levied and collected for street work
in rural and undeveloped sections
would run into hundreds Of thousand
of dollars. but the exact amount can
not be figured out for the reason that
there is no rule for determining
where city streets leave off and rural
thoroughfares begin.
Opinion Of Commissi0ners.
The Commissioners do not believe
that the, decision of Justice Stafford
refers to streets in the. original city
limits. but rather seeks to differen-
tiate between streets in the built-up
and suburban portions Of the capital
developed sections. They point out
the difficulty of drawing a line be-
tween the two for the levying Of as
sessments.
In this connection attention was
called today to an expenditure OF
$3.50. geo last year in improving Geor.
gia. Rhode Island and Connecticut
avenues. For the most part. these
streets run through developed sec
tfons. Yet there are small areas ad-
jacent to all three which probably
could not be considered developed
The owners Of this property. under
the ruling of Justice Stafford. prob
ably were illegally assessed.
Assessor Richards said today that
because of the lack of definite means
for determining what are city streets
and what are rural streets no estimate
could be given as to the amount of
money that the District has collected
cover II the Stafford decision eventual
ly is upheld. The amount. he indicated,
would run into big figures.
Up to Congress.
1t was pointed out at the District
building that. in the event of the de-
cision being upheld and a way found
to determine what rural streets had
been developed contrary to the law
the question of refunding collections
illegally made would have to be put
up to Congress.
Regardless OF whether judgments
were obtained against the District or
the Commissioners voluntarily asked
for appropriations with which to re-
fund taxpayers illegally assessed
Congress, in the final analysis, it was
pointed out, would have to provide
the funds for relief.
The Borland law assesses owners OF
abutting property for one-half the
cost of street improvements up to q
width Of forty-foot street. The other
half is appropriated for by Congress
on the 60-4O basis, District taxpayer.
paying the larger amount.
The far-reaching effect Of Justice
Stafford's decision can be appreciated
when the fact is considered that the
Commissioners, in their last estimates
requested about 100000 for stree,
improvements. Probably third OF
this amount would have been expend.
ed in developing streets in the ruraI
sections Congress. however. in the
District appropriation act. which goes
into effect July l, allowed only abou,
$4,000 for new street work.