Supreme Court Judges Refuse to Pay Road Taxes They Helped Build
Two justices owning land along Whatcom roads balk at assessments under the new law, hinting at a constitutional fight.
Whatcom, Jan. 26.—It is stated on good authority that two judges of the supreme court who own property in this county on the line of roads built this year under the new road law, or within the limit of assessment for construction, have refused to pay the taxes assessed against them for such improvement, on the ground that the law is unconstitutional. While of course this is not a decision of the supreme court on the question, it is a pretty strong indication of the way the judicial wind is likely to blow when the question is passed upon. About thirty miles of road were built in this county during 1894 under the Donahoe law, and a considerable part of the cost assessed against abutting property still remains unpaid. In some cases because the property owners have been really unable to pay, and in others because they have been advised that the assessment cannot be collected. Some of them have tendered their general taxes, which have been refused by the county treasurer in compliance with the instructions of the former board of commissioners.
“two judges of the supreme court who own property in this county ... have refused to pay the taxes assessed against them ... on the ground that the law is unconstitutional.”
Special assessments for roads and utilities still set neighbors against city hall and courts, with the same question: who pays for the improvement, the benefited owner or the general taxpayer? The justices' private refusal here was an early signal of the legal fights that shaped Washington's infrastructure financing.
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