Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-06
Holds Hearing on New Paving Assess
ment Bill, but Puts Of Decision.

| SeSSmentS for the paving OF roadWayS
and the laying Of curbs and cutters,
! which is one of the two most important
District measures on which the Com
miSsionerS and the corporation counsel
are endeavoring to get action during
the present session of Congress, the
subcommittee on streets and traffic OF
| the House District Committee deferred
| action until later date.
| It had been the hope of the District
| officials that the subcommittee would
| favorably report the bill today so that
the full committee could take action
| upon it when it meets tomorrow for
! its first session in the present short
session of Congress.
The Commissioners had also hoped to
! complete a hearing today on the new
traffic bill which proposes to abolish the
| Traffic Bureau, but this hearing was
postponed until Thursday at 10 o'clock
Representative Ernest w. Gibson of
Vermont, chairman of a special SUBJ
committee which several years ago made
a comprehensive study of the District
| government and recommended reor-
ganiZation of the Police Department, is
prepared to oppose the new traffic bill
| largely on the ground that it abolisheS
the Traffic Bureau and throws the adj
| ministration of traffic laws onto the Po-
| lice Department.
Admits Law Won't Stand.
The Corporation Counsels Office at
! the hearing today on the new bill to
take the place of the Borland act, which
has been practically nullif1ed by series
of court decisions including one rem
dered today in the Dodge case, adj
mitted frankly that it seems impossible
| to sustain any assessment under the ex-
listing law. This statement was made
on behalf of the corporation counsel by
Vernon E. West of his Office, who did
most of the work in drafting the pro-
posed new law.
He stated frankly that the various
decisions by the Court of Appeals has
practically nullified the Borland act.
He explained the various provisions
| In the new bill which excludes treat
ment of a roadway with penetration
macadam from assessment against
abutting property owners because that
is not considered permanent pave
ment.
He emphasized that there should be
only one assessment for street improve
ments against any property, irrespective
of ownership. Cutters and curbing are
| included for assessment. When paving
| Is in excess of 40 feet width the cost
would be paid wholly by the District of
i Columbia.
One section Of the BILL he pointed
out, attempts to iron out irregularities
and limits assessment to $3.50 per linear
front foot.
In reply to questions by Represent
| ative Whitley, Republican, of New York,
as to what other cities assessed by that
method, the corporation counsels Office
! replied that there are many throughout
the country.
Must Take Lowest Rate.
In reply to question by Representa-
| tive Whitehead, Democrat, of Virginia,
| it was explained that the new bill does
! give property owners the benefit Of
choice among various methods of as
sessment, because 1t provides that the
assessor must take the lowest rate.
Representative Palmisano raised the
question that property owners ought to
be given the right of appeal to the
court. Corporation Counsel Bride ex-
-, pressed the opinion that the District
| Commissioners findings should be con-
elusive, but later on in the hearings
said that there would be no serious OBJ
lection to providing for such rigGt of
appeal.
Capt. Whitehurst of the Engineer
| Department explained that the method
of transportation has so changed that
on through thoroughfares 1t has become
! necessary to make streets capable of
| carrying concentrated heavy loads at
| a much greater cost than would be
necessary for the convenience of abut-
| ting property owners and that for this
reason assessment should be limited to
what was thought to be the local
benefit.
He explained that in this bill the
District officials were endeavoring to
correct provisions the court says are
unequitable and what they believe are
unjust due to the excessive cost of
construction for heavy through traffic
and at the same time providing that the
abutting property owners pay a fair
rate for local benefits. He emphasized
that the new bill will give big ease
mentS on irregular shaped areas and
corner properties.
DIR. Havenner Testifies.
DR.. George c. Havenner, president Of
the Federation of Citizens Associations,
presented the views of the federation,
explaining that it is composed of 81
member organizations with a total
membership of some 10000 small prop
erty owners. He read at the hearing
resolution adopted on Saturday, January
8, with rs of the 124 delegates to the
federation in attendance. This resolu-
ton was presented after two committees
had studied the proposed bill. In this
regular resolution the federation said
that it sis of the opinion that the entire
principle of special assessment for
roadway paving is erroneous and unjust
and results in the payment by the 1nd1-
vidual property owner of the cost of
roadway for the use of the general pub
lie without material, if any. increase
in the valus of his property, and that
the general assumption of such benefit
in a substantial amount or ratio has
heoT1 held invalid
eff there is to be any legislation
along these lines, such legislation shall,
in any event, provide that no special
assessment may be made for repaving
of any permanently paved streets, and
further provide for the establishment of
disinterested board, composed of five
persons who have been bona fide resi-
dents and freeholders of the District of
Columbia for not less than five years
prior to their appointment such board
to be appointed for q fixed term by the
Commissioners of the District, such
board to be in lieu of the proposal in
the proposed bill, that the District
Commissioners exercise the power of
review, and that such board would ac-
cord a hearing upon evidence to every
protesting property owner"
T. M. Charles, representing the own
ers of Corcoran Courts, 1926 Seven
tenth street, protested against an as
sessment that has been levied.
DR.. B. c.. Wilkinson of Takoma Park,
personally and through his attorney.
John A. Chumbley, offered an amend
ment in regard to the underpass under
the Baltimore e. Ohio Railroad tracks
in the vicinity Of Chestnut street, where
| there Is proposal to widen Piney
! Branch road from 80 to 90 feet. taking
land only from the west side. He pro-
tested that this would ruin the play