Evening star., 1925-08-02
Appeal Made to Utilities Body
Against ''Uniustified"
Charges.
OFFICIALS SAY GROWTH
CAUSES HIGHER LEVY
Residents, However, Threaten to
Take Case to Courts in
Finish Fight.

The opening guns in what promises
TO be a long -drawn-out and bitterly
contested battle over water and sewer
rates in nearby Maryland communi-
ties were fired in Baltimore last week
with the filing of IA separate appeals
by citizens of Kensington. Woodside
and Takoma Park with the Public
Service Commission of Maryland
The appeals. directed against the
Washington Suburban Sanitary Com
mission, charged with supplying water
and sewerage facilities in nearby
Maryland communities, allege that
the commission has exceeded its au-
thority in making additional and "un-
reasonable" assessments against prop
erty owners, and the taxpayers
threaten to go into court and attack
the constitutionality of the commits
sion's actions. its existence and seek
an injunction prohibiting the collec-
ton from additional assessments and
compel the commission to have its
books audited and the result adver-
tised.
Commission Defends Acts.
AT the same time. the commission
against property owners are neces-
sary because of the rapidly expand
ing metropolitan district around
Washington, which has brought about
more construction work. The consti-
tutfonality of the commissions exist
ence has been established in the
courts, IL is asserted, and the inspec-
ton of the commissions expenditures
and receipts. which. it Is declared, are
on file and embodied in a report avail
able to the public.
The controversy between the COM
mission and residents of the Maryland
communities was brought TO a head
when bills for additional assessments
against water. and sewer users were
sent in the mails last month. The IA
individual cases filed with the Public
Service Commission include two from
kensington; two from Woodside and
the latest ten from the following prop
erty owners In Takoma Park: Joseph
T.. Williams, Henry Chattny, William
II. Wilson, c. T.. Combs, G. +. Sulli-
van, A. H. Degges, Joseph A Hand
ley, II. d. Richards. D. L. Davis and
X. NJ. Faust.
The appealsl generally, according to
Attorneys F. Regis Noel and Phil
brick Mccoy, attack the unreason-
ablelness of the charges and discrimi-
nation. alleging in the latter case that
some property owners are taxed while
others pay nothing.
Plan Court Attack.
The attorneys declare that if they
do not get relief from the Public Serv-
ice Commission, that they will go into
the court and attack the constitution
ality of some of the acts of the COM
mission and of the law establishing
the commission. They allege that the
increased charges are a violation OF
the constitutional provision regarding
the impairment of contracts The
original levy against the property, 1t
is contended, was a contract. and the
increased charges operate as an i'm
pairment of the contract.
They will seek an injunction to pro-
hibit the commission from collecting
the increased assessments. and will
file mandamus proceedings, they say,
to compel the commission to have its
books audited and the result adver-
tised. according to law.
The two attorneys contend that the
commission originally put in certain
construction in the way of water sup
ply mains and sewers, and made an
assessment therefor. and later, when
the community grew, found it neces-
sary to put in larger mains and sew
ers, and are seeking to have the whole
community pay for this lack of fore
sight" They charge that the COM
mission originally had authority to
issue bonds up to 10 per cent of the
valuation of the property in the two
counties, and that the last Legislature
gave 1t permission to increase this to
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