1904.] OF THE HOUSE OF DELEGATES. 587

law should be repealed, but that the sixty cent clause
in the original Act of 1888 should not be disturbed;
and

Whereas, This Association has learned with aston-
ishment and disappointment that the recommenda-
tions have met with the approval of the Mayor; and

Whereas, The object of the Foutz law was to con-
strue the provisions ol the Annexation Act of 1888, so
that they might be applied in accordance with the true
intent and understanding of the people of the Annex
and agreeable to the representations and provisions
then made by they city authorities, who advised and
advocated the extension of the city; and

Whereas, the owners of the property affected by
the Foutz Law have By reason of the inequitable and
arbitrary classification of the Appeal Tax Court, been
already compelled to pay into the treasury of the city
extortionate taxes amounting to about $200,000 for
each of the years of 1901 and 1902, from which, under
a proper construction of the Act of 1888, they should
have been exempt; and

Whereas, The Act of 1888, as construed by the
Foutz law of 1902, clearly stipulates the conditions
under which the full rate may be applied ; and

Whereas, At out one-third of the real estate in the
annex territory, now pays the current rate, and the
remainder will be brought under the rate, if and when
the city extends to the outlying sections the condi-
tions of accessibility and development provided in
said Act as so construed; and

Whereas, The imposition of the full city rate on the
thousands of owners of small properties in the annex,
whose property in case of repeal of the Foutz law,
would be brought under said rate, would be unjust,
inequitable and confiscatory; therefore,

Resolved, By this Association that the members of
the city delegation, in the Senate and House, are
hereby seriously urged to prevent by their disap-
proval the flagrant injustice necessarily resulting from
the passage of any Act for the repeal or amendment
of said law, no matter under what pretext the same
may be presented.