Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-10-14
Death of the Borland Law.

1t Is doubtful If any specific piece Of
legislation affecting the taxpayers of
the District of Columbia has ever been
30 heartily or consistently condemned
during the sixteen years of its existence
as the so-called Borland street-paving
amendment of 1914, which the United
States Supreme Court practically nulli-
fed yesterday, in so far as further ac-
tual application is concerned, when it
refused to review the findings of the
lower courts, which decided against the
municipality In two important suits
against constitutionality Of the law.
The verdict of the courts, therefore,
win be popular one. The law was as
evil In It's grossly discriminatory and
unjust provisions as it was indicative
of q selfish desire on the part of Con-
gress to escape the just responsibility
and burdens assumed at the outset by
the Federal Government In the de-
velopment Of the American Capital.
The pity Is that the millions assessed
from citizens In the years that the act
has been enforced are not recoverable.
Even If the taxpayers who have paid
their assessments In the last three
years-the statute Of limitations ap-
plying this far back-now protest and
seek to recover. the maximum amount
returned will be about 100000.
The Borland act was unjust and dis
criminatory chiefly because of the
nature of the American Capital, and
its effect was viciously unfair on tax
paying citizens. The original owners
Of the soil in Washington donated one
half the lots and all the streets and
avenues to the Nation. and the Nation
set apart as streets more than half the
total area Of the city, 3.606 acres out
Of total Of Gill, q greater per CEN
tage of street surface than any city in
the world. The plan of the city was
calculated for the magnificent Capital
Of q great Nation, but, Is the Senate
District Committee said in It's report of
1885, was Oppressive from its very
dimensions and arrangements to the
inhabitants, II its execution to any con-
siderable extent Is TO be thrown upon
them. No people who anticipated the
execution and subsequent support of it
out Of their own funds would ever have
dreamed Of forming such plan" But
after Sinking its original hard-driven
bargain concerning the. paving and re-
pair Of the great street system 50 gen.
erously laid out the Congress foisted
on the citizens the main part Of the
expense. Under the Borland law many
Eiaring cases Of injustice to individuals
arose, and these have been recognized
by the courts. At the same time the
general principle underlying the law
was Illogical In its obviously discrim-
inatory provisions. Invalidation of the
law is good radiance.
The immediate effect of this final
blow at the Borland law is another
matter. Under its provisions the Dis
trict has been collecting about $500, 900
o year. The loss Of the revenue is not
as important as the possible. handicap
that court action will thrust In the
way Of highway programs. There may
be cases where work will necessarily be
retarded in the absence of legislation
that viii stand up In court. To pro-
coed with enforcement Of the Borland
law now, in the hope that some cases
win escape the objections raised by the
courts, Is admittedly unfair from the
viewpoint. even, of the tax-collectinR
municipality. The point was made by
counsel for the District that 80 much
property that has been assessed for
highway paving will be exempted from
assessments under this ruling that it
would be inequitable to require other
and less Vulnerable properties to bear
the burden of these assessments"
The municipality should perforce re-
gard the Borland law as closed issue,
In 50 far as its further application is
concerned. The Commissioners have
been trying to get 1t OF the books for
the last decade. The opportunity now
Is golden. Substitute legislation must
be proposed and considered by the next
Congress. 1t should remove the spe-
cifc inequalities and injustices found in
the old law; it should recognize the
Federal obligation in the carrying out
Of Washington's great street plan.