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.A <br />LEONA`WHITE <br />404 NATIONAL BANK BUILDING. - SHORTHAND -.REPORTER <br />OR 408. EAST BOWMAN STREET ... - <br />SOUTH BEND, INDIANA - <br />PHONES 4-2141, 9-4407 - <br />the assessments can be made. <br />R. ROPER Are you contending thatweshould be proceeding urider <br />the Barrett Law provision <br />10P. lVILLER: If you 'are :going to assess benefits for thus <br />pavement. <br />1,1R` ROPER: You are contending the Barrett Lair. applies <br />MTP . I4IILLER <br />I contend that for any improvements that are go i.ng to <br />be assessed against the land owners, you would have to proceed <br />under the Barrett Lary. Sofar' as the opening of the right -of -WRY <br />is concerned, that, of course, is not under the Barrett Law. <br />You have a right to proceed and make your assessments, <br />Iu?R. LEVY: Is it not al ear in your, mind - €hat there is. <br />provision in the lave for the opening of the right -of way <br />MR. MILLER: Yes. Now i s this not clear in -.your mind: That <br />it would be mere subterfuge fora Board of Public Works to claim <br />the right to pave a right-of-way and pay for it-- advanoe the <br />money out of the city treasury ---and then when the Fork was <br />through, say, ."IT -here is so much benefit to the adjoining. -land <br />owners as a result of this pavement?" Wovldn *t that be a <br />mere suhterfuge, in view of the fact that we have a statute <br />which. tells us how you can put in improvements, and what the <br />rights of the property owners are? In viev7 of the fact that <br />we have a very definite statute which gives the property € wners <br />very definite rights of selection b-etween the various kinds <br />of improvements, and if the Board can go on and put in any <br />kind of improvement it want, s.-to put in, and. simply charge it <br />