Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-03
REVISED BORLAND
BILL PASSES HOUSE
. ON SIMMONS PUSH
Measure Amended to Provide
for ReassessmentS and
Refund of Balances.
FEAR OF STREET TAX
LOSS PROMPTS MOVE
Measure Would Bring Within Law
Paving Levies Which Courts
Have Set Aside.

Under a unanimous consent motion
the House late yesterday passed the
amended Borland bill, designed to bring
within the law assessments of street
improvement costs against AUDITING
property which a series of court de-
ciSionS have set aside. This is the one
piece of District legislation for which
drive has been made by Corporation
Counsel Bride.
The animus behind the action in the
House was disclosed by Representative
Stafford, Republican, of Wisconsin, and
Chairman Simmons of the Subcommit-
tee on District appropriations. Repre-
| sentative Stafford said, Il do not want
any property owner to escape the just
payment of taxes because they reSorted
to the courts and availed themselves of
technical objection on constitutional
grounds to the law
On Senate Calendar.
Representative Simmons said, "The
reason for Fastening this legislation is
in order to prevent that thing happen
ing on a million dollars worth of as
SesSmentS."
This measure is awaiting action on
the Senate calendar, having been IA
| vorably reported by the Senate Dis
trict Committee.
Provides Reassessments.
When 1t was reached on the consent
calendar, Representative Simmons Of
fered the motion 20 amend it so as to
conform with the bill as reported by
the Senate, which carries a provision
for canceling all assessments during the
last three years and reaSSesSing under
the formula in the pending bill, the
difference to be refunded to property
owners who have already paid. This
amendment was approved by the House.
The amendment offered by Repre-
sentative Simmons puts three new para
graphs in the bill, as follows:
Section 9. The assessments provided
for herein shall be made and collected
as provided in the act of Congress ap-
proved August z, 1894, relating to al
leyS and sidewalks, as amended hereby
The rate of interest to be charged upon
any assessment levied under said act
relating to alleys and sidewalks, or any
installment thereof, is reduced hereby
from per cent per annum to pei
cent per annum. Provided, however,
that any installment of any such
assessment not paid within the time
bear interest at the rate of IL per cent
per annum; and provided further, that
the advertisement by publication of the
intention of the Commissioners of the
District of Columbia to perform this
work and the formal hearing in re-
spect thereto required by law as to
alley and sidewalk improvements shall
not be required as to roadway, curbing
and gutter improvements"
Cancellation Directed.
Section II. The Commissioners of
the District of Columbia are hereby
directed to cancel all assessments for
improvements completed within three
years prior to the date of the approval
OF this act, levied under the authority
OF the acts Of July 81, 1914 (38 Stat.
524), and September /, 1916 (39 Stat.
716), relating to assessments for the
paving OF streets, avenues and roads,
or under the act Of August z. 1894 (28
Stat. 250), relating to assessments for
laying curbs; and the Commissioners
are further directed to reaSseSs the cost
OF such improvements against the abut-
ting property in accordance with the
provisions Of this act, which assess
ments shall become lien upon abutting
property and be collected in the manner
provided herein. Where assessments
for such improvements have been paid
in whole or in part, the Commissioners
shall refund, within the limits Of appro-
priations by Congress therefor, to the
persons paying the same, the excess, If
any, of such payments over the amounts
Of the reasSessments levied hereunder.
Section IL. Should any section or
provision Of this act be decided by the
courts to be unconstitutional or invalid,
the validity of the act as whole or of
any part thereof, other than the part
decided to be unconstitutional, shall
not be affected"