Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-09-14
PAVING TAX LAW
!. BREAKDOWN SEEN
Bride Report Urges Wider
* Powers for District
Commissioners.

A Every serious breakdown in our
taxing laws for paving purposes Is
forecast in the annual report OF Cor
poration Counsel William w. Bride I'M
less Congress does something about
enacting legislation to replace the
much-battered Borland law, relating to
the assessment of AUDITING property for
street paving
Outlining the present situation, Bride
says: AT the present time the Court
of Appeals has so interpreted the law
as to render its permitted operations
very unequal. We have lately gone to
the Supreme Court of the United States
with petitions for writs of certiorari in
q number of cases. Should these writs
be denied, or, II granted and the de-
cisionS of the Court of Appeals be sus-
tanned, look to see q very serious
breakdown of our taxing laws for street
paving purposes committee COM
posed of the chief eo-ordinator, the as
SCISSOR and myself prepared a proposal
and presented it to Congress last year,
but no action was taken, due to the
proximity Of adjournment.
Favors Gasoline Tax.
Personally, have always been
strongly inclined toward increasing the
gasoline tax and toward placing the
burden for street paving on the per-
sons who use the streets, i. e., the driv-
ers of automobiles. OF course, it can
not be denied that some benefit does oc-
cur to AUDITING property owners when
streets are paved, but in my opinion
der the present law and are thus dis
proportionate to the benefit obtained.
The present law should be repealed and
q measure enacted into law which will
lower materially the tax upon the abut-
ting property owners and provide an
additional tax on gasoline. Action upon
the question is imperative, and Congress
should be urged to enact new legisla-
ton speedily"
McBride's report carries recon-
mendations on a wealth OF subjects.
He urges legislation widening the
powers of the District Commissioners
so as to give them all powers lodged In
the hands of the usual municipal cor
poration, save the control over the city's
purse strings now lodged in Congress,
and at the same time relieving them OF
o number of trivial routing mechanics
which could be shifted to the shoulders
of the secretary Of the Board Of Com
missioners
He wants the model license law,
drafted some months ago by the Com
n1issioners' Special Committee, enacted.
He suggests that titles to property
about to be condemned should be
searched before the proceedings, instead
of after, so as to avoid much of the
delay now possible in condemnation
cases.
He advocates a modern law to replace
the present "cruel sixteenth century
law dealing with the compulsory sup
port Of children born out Of wedlock.
Backs New Insurance Code.
he supports the passage Of new in
eurance code.
As to the matter of widening the
powers of the Commissioners, while
cutting down their burden Of routine,
the report says:
every many of the Ills attendant
upon our local government are due to
the limited powers resting on the Com
nnisSioners. Too many unimportant
matters require Congressional sanction
before the Commissioners may act. For
instance. 1t requires authority from
Congress to remove the body Of a dead
person from one cemetery to another,
where, for one reason or another, 1t is
impossible to secure certain consents OF
relatives. If the Commissioners had the
power that rests in an ordinary NUM-
cipal corporations, much progress could
be made in civic improvement. Congress
81
gress has so much work of real national
and international importance to per-
form that 1t neither has the time for
matters that appear to be Of minor i'm
portance nor should 1t be worried with
such details. Congress has from time
to time invaded the field Of purely
municipal regulation with detailed leg1s-
1ation and the courts have further
whitfield down these powers, to the
A0ks a. svaok 6nIl
OF the proper functioning Of the local
government.
Congress should be asked for au-
thortty to allow the secretary of the
Board OF Commissioners to act upon
such classes of minor matters as the
Commissioners now pass upon. and
which they could, If legislative authority
Is obtained, transfer to him. The work
of the Commissioners is arduous and
exacting physically and mentally, and
they should be relieved of mere admin
1strative details whenever possible"
On the matter Of searching titles be-
fore condemnation proceedings. Bride
wrote: "Our law requires that the own
ers Of the fee of real estate shall be
served personally II they can be found
in the District of Columbia. Today, we
get Q list of the owners Of property
from the assessor, proceedings are be-
gun and concluded, and then it appears
that the true owner has not been served.
The result is that the proceedings are
set aside, a new jury is drawn and
new trial had, involving both great de-
lay and much additional expense.
The assessor is not responsible in the
slightest degree. The difficulty is that,
for some reason or other, the transfer
of title has not gotten to him. What
we should do is to have the titles ex-
amined first Of ALL Some additional
expense Is involved Unfortunately in
the present state of the law and APP
propriations we cannot make these
early examinations. Congress should
be asked for the necessary authority
and the necessary appropriations that
we may proceed in an orderly man
ner."
Hit Stigma of Bastardy.
On the matter of children born out
of wedlock, he wrote: I advocate again
q modern law to deal with the care,
maintenance and education of children
born out Of wedlock. Our present law
Is a cruel sixteenth century view. The
child is not responsible in the slightest
degree and the stigma of bastardy
should not in justice be held against
him. The present law provides for the
support of Legitimate children only up
to the age of IA. Beyond that period
the act to regulate the employment Of
minors within the District Of Columbia
and the compulsory school attendance
law impose. because OF certain pro-
visions, unmerited hardships Upon IL
legitimate children.
1.-THE compulsory school attendance
law provides that a child must attend
school regularly until he shall have be-
come Is years OF age or completed the