Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-07
Prolonging Borland Ineuuities.

WIN have appeared before congressional
committees in connection with the
Commissioners proposal to resurreet the
defunct Borland law is this: Hit us,
II you must, but do it as nicely and as
painlessly as possible"
In other words, If Congress must con-
tinue to apply the Objectionable prin-
cipleS Of taxation for street work ex-
pressed in the Borland law, make them
applicable through the new Borland
law, which is not as bad as the old one.
After many years of futile protest
against the inequitable principles of the
old law, the courts finally interviewed
at the behest of the taxpayers and
knocked the old law into q cooked hat
with several well aimed blows that come
straight from the Constitution itself.
Why should there be further expert
menting with methods to prolong the
continuation of basic inequities through
a new Borland amendment, no matter
how well 1t may have been patched to
meet the specific objections voiced by
the courts? Why should Congress be
invited to continue its blows, merely be-
cause the corporation counsel's office
has furnished some padding that may
tend to soften them?
Conditions resulting from the prac-
tical lnvalidation Of the old Borland
law are chaotic enough As they are.
Further assessments under its provisions
are in effect nullihed. There may be
some property that could be assessed
without conflicting with the rules laid
down by the courts. But with other
property exempt because of the in
validity Of some portions of the law.
assessment Of the remaining property
would be in itself discriminatory and
wholly unfair.
Why not cease the effort to revivify
the Borland law and clean the slate
by its repeal? The new proposed law does
not remove the general principles that
were obnoxious under the old. Its passage
would invite continued and increased
protest from the taxpayers and would
involve the District in further time
wasting litigation. The citizens who
believe their protest Is well founded will
not hesitate to seek the further inter-
vention Of the courts.
There should be greater recognition
Of the direct responsibility Of the United
States in street extension and improve
ment and less time devoted to phrase
ology Of new formulae to evade this
responsibility without running afoul
Of the protection to citizens Afforded in
the Constitution.
This responsibility springs from the
nature Of the Federal City, with its
broad streets and avenues planned by
the founders on . national, and not a
local, scale. The street plan was never
intended for . self-supporting city. It
was intended for q city that was to be
the seat Of government OF the Nation,
exclusively controlled by the Nation
The Nation recognized its responsibility,
after repudiating parts of the original
bargain a. 10 street development. by
bearing 50 per cent Of the cost. Many
years ago 1t departed from this plan by
refusing to participate in the expense
Of extending the street plan into what
then were the suburbs, although the re-
fusal has since been modified. But It
held itself TO paying so per cent Of the
cost Of improving and paving these ex-
tensions until the adoption Of the Bor-
land amendment, when it cut its par
ticipation in street improvements from
80 TO IS per cent, and placed the lions
share Of the burden on abutting prop
erty owners under q method since
yoided by the courts.
In recent years 1t has still further
reduced its participation In street work
by cutting down the lawful proportion
Of its appropriation to the general tax
alton fund Of the District, which, to-
gether with the gasoline tax, Is used TO
/ finance street work.
7 The same responsibilities on the part
of the Federal Government that apply
( TO other features Of development Of the
Capital apply in the case Of the streets,
which have not been developed in ac-
cordance with the plans or wishes Of a
self-supporting and self governing COM
munity. but in conformity with Federal
plans for the Federal City. The Bor-
land law represents the reputation Of
q major portion of Federal responsible
ity, with no lessening Of Federal con-
troll The notifications written into the
new BoEland law do not compensate
for nor end such reputation.