Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-06
Repeal the Borland Law.


In 1914 in direct violation of all equi-
table principles relating to the partner
ship between the community and the
Federal Government in developing the
Capitals great street system. It re-
duced direct and specific Federal
responsibility by showing a dispropor-
tomato burden of street improvement
cost to AUDITING property owners.
In the sixteen years since then the
courts have shot the Borland amend
nent full of holes, exposed its grossly
discriminatory, arbitrary, and even con-
f1scatory provisions, and left a tattered
shred of the original statute to be
enforced by the Commissioners. If the
Forthcoming decision of the Court of
Appeals in the so-called Dodge case is
adverse to the municipality, the Cor
poration Counsel has said frankly that
it would be palpably unfair to endeavor
longer to enforce what remains of the
law. To all intents and purposes, the
Borland law is as dead as a doornail.
1t should be given decent burial and
left unrestricted.
Beginning today, however, the Com
missioners are appearing before congress
sional committees with a new Borland
amendment. The holes punched in it
by the courts have been carefully
plugged by the Corporation Counsel's
ONCE. That this new device will with
stand further assaults in the courts is
not guaranteed by the most optimistic
OF lawyers. The sole reason for its
presentation to Congress is based on
one Of those queer quirks of Jlrispru-
dence so difficult for the mere layman
to understand. Despite the repeated
and specific invitations by Corporation
Counsel for the District courts to pass
on the validity of the amendment itself,
the courts in each instance have lodged
the specific answer and the United
States Supreme Court has refused a
review. The language of the opinions
OF the lower courts would leave no
doubt in the mind Of the ordinary indi-
vidual that the Borland law is uncon-
stitutional. But until the courts of the
District say that it Is unconstitutional
the Commissioners have decided that
their duty is to enforce it. Hence the
patched instrument that they now pre-
sent to Congress.
But. as spokesman for this unrepre-
sented community. are they taking the
right course? Their patched Borland
amendment Is the same amendment,
under the skin, despite the conscientious
and skillful efforts of the Corporation
Counsels Office. It has removed some
of the more glazing inequalities invali-
dated by the courts. 1t has sought-in
some instances by rather intricate
mathematical formulae-to equalize the
assessment burden on property owners,
regardless Of the shape, size and loca-
ton Of the lots. It has given the Com
missioners much-needed discretion to
eliminate, reduce, rebate or adjust as
sesSments that. being benefit assess
nents, can never be arbitrarily fixed by
blanket statute. The Corporation Coun-
sells Office has done what it was told
70 do, and has done it well.
But the patched Borland law con-
tinues the inequitable principle of plac-
ing upon abutting property owners a
burden that is disproportionately large
under the conditions peculiar to this
Capital City. It continues to compute
the amount Of benefit on an arbitrary
front-foot basis, with limitations as to
area, value and location, in difference
to court decisions. 1t continues, with
exceptions, to measure a benefit by the
cost Of the job. It continues to ease
the street-planning, street-using, street.
owning United States out Of a fair
assumption Of the cost, when the
United States has already reduced, by
evasion Of unrepealed law and by inn
position Of additional taxes TO which 1t
does not contribute, the amount 1t owes
70 street improvement over and above
the Borlan6 law collections.
There is direct benefit to abutting
property from street improvement. The
benefit Is especially emphasized in the
case Of new subdivisions. And there are
cases HLcEC IllG 44lAcdI lODtckG DdcAo Va
assessment is the most convenient, fair
and practical. But there are cases
where the property benefit is more gen.
eral than specific. And there is nc
ground whatever for relieving the United
States, as the Borland law does. Of its
special and extraordinary obligations in
the improvement and maintenance OF
the streets Of the National Capital.
The Commissioners would be doing
better by this community to seek the
out-and-out repeal of the Borland law
with its vicious underlying principles
and to work out system for the levy.
ing Of fair benefit assessments against
abuiting property owners actually bene'
fited and TO the extent they are bene.
fted. charging the remainder Of thu
cost TO the gasoline tax and to thu
general fund Of the District, and TO urg'
At the same time that the United States
increase its contributions to the latte
until they represent that degree Of fair
ness already recognized by unrepealet
substantive law.
Good fiction Is rare. interesting
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