The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-02

feet viii be to subject the land to all the zes erlS
or pureSsr Mo som. n !. or ~. .As g
| pay them.
s not improper TO ssy in this connection ~ On 3D.
tsrisrs and rsIsvs these puroSsssrs o% Ss res =
supposed dmouly that this apparent oonot Of interest
ana title has arisen mainly from the want Of proper
safeguard in the law Of 1850 changing those tax sale
from the Comptroller to the county tressures TO ssS
the contingency, that the sale for the taxss Of
had been held 10 the counties Ny prodsoessors Comp
rolers Hunt and Fuller und 1t impossible to prepare Tor
the lst January, 1861 sDcumbered not only vita the
heavy buthsn upon the clerical force of the depArtmss
eot the labor Of preparing the books for the I've
The law Of 1850 imperative that the taEss
Of the ls4s should take place the rst Tuesday
required during that prepare the books which
to be transmitted to the county trsasursrs BY ths
fohe county sAis held In Dscsmbsr Of thisar as
psssaon ss al !, sss sso o Ss . pSmoso and
larger force and the means to the have been taxed
to their utmost strength for the past two years.
This fact stated as an additional reason for the inter
position OF the Legislature to obviats difficulty WHOA
lit exists at all has resulted from Of prudence
but should be- charged to the neglect or mistake q -
Legislature In omittng to guard ans the contingency
Of an interference of the Comptrolers With the oous
y SALE and the ply impossibty Of peform.ng tbs
work of three In the space two by the
clerks placed At the isposai Of the Crmptrollsr.
The attention Of h Legislature again called t, the
OF the TAI alton OF railroads Al no well settled ruI
exists upon the subject proper and necessary
applied to railroads. that the Legislature should declare
BY express statute uniform rule to govern
The general provisions the Revised Statutes in ssu
mating the vvue Of land do not appear to be practically
ppSsDs to the case of the real estate of raro.d .ad
value by the acre. well regulated and understood Ia the
town where it Is situate 1t sells from day to day ct
20 fta
and productivensss. A house or lot in . city
village can bs sold for . price, in caah or
value What is the cash vala Of . railroad in the mar
ket, and how much would 1t bring ct public or pri-
arrive at such 7susonp What stsnasrd or r.suistiDs
price he find to ascertain suoh valuaons And ysS
according 70 the rule provided BY existing laws in regard
TO real estate the must In way asoertan
the value Of the railway other real estate assessed
The attempt has produced much confusion and dgaos
great expense and trouble for attempting to discharge
duty not defined clearly regulated under the existing
laws do not feel aIraned in suggesting principle e
assessment, inasmueh found legal opinion given By
ore Of the Judges Of the Supreme the Third dis
which felt bound to follow in the oasss where ssssssors
sought opinien from me, until IL was reversed b.
higher legal tribunal the Legislature Bat, notwth.
standing this legal decision upon theepont the
throughout the State have experienced great dculyh
Ito prsssia. application and in many instances have dig
The decided by Judge Parker states the rule of A.
seement Of the real estate Of rrosd follows-Ths
erecuons fixtures thereon irrespective Of the consde-
alton wheher the road is we iii mAnag or whethsr
property to be appraised in the manner as the "a
jacent land bs nging to individuals and without rss
renee 10 other parts Of the railway"
Hudson and Berkshire Rd,lroxd
The loan made by the State Of credit Ia aid OF this
road being stock At Ave per for Slb0O0O PAYABLE
in 1901 placed with what is called the "Conrnssss
Debt OF the State" See appendix d
e.Dns' any epss wi win p.spsty BE- REGARDED
10 ink ard anof uasNi <nSmn
time. Ths annual interest beisg IS $50 is an actual
hge upon ths sukisg Fund and ths ~6ole dsbt must
the road and its sppurtepance sails for nou.
payment Of interest the state debt All ts bond By
II ls4o, and OF chap All OF the laws Of lsi7
Before the cay or the salo hal arrived the bondhol
line ospoa.d from .ss a ds1 o a, 9 =
the l6'h cay q sepsmber ast Ea.sraiuiDg doubts
from The Attorney General opinion ueon the question:
copy Of wh,h is hereto annexed, ma ksd II WI
Be een that hs is clear and decided opl ion thsa
the act unconstitutional and void and that the pre-
eeet OF the sale Of ths paid into the sink
rg Fund instead Of being applied to the payment Of the
bonds issued under the Law of ls47 this opinion vns
unsatisfactory to the bon holders they have nst-
tuted suits In the District Court Uetsd States foe
the n Northern District Of this state to test the que.toa
Comptroller to spp the moneys received upon the sale
to the payment q the bonds these suiss now updstsr-
Dined are in charge Of the Attorney General ana the
sale has been further postponed from time to time untl
The first Monday OF MAY to the decision Of sse
OF the in which ap Injunction restraining ths ss
II the should be declared unconstitutional BY the
these for lsas sau IN vUI
the loss Of their debt They have parted with their me-
nsy upon the assumed faith Of State aw and houd b
protected.
The publication Of the documents ia the oos OF the
Secretary Of State, known the "Brodhsad Paperan
and which, when completed to be called the Colonal
History OF New York. was suspended the 2Sh March
last oreer made that day and sgnsd By the Gov
which is hereto % ANNEXED, msrSsd ~ z. u '"' ''p5@
inc order ses forth the ground upon which these on
and pubish these In the sc 4 nro1S.
publication Of these documents (hap l76 Laws OF 1901
was provision requiring the state onaesrs who wsss
portion Of these very voumnous manuscripts should -
printed before any contract for printing made rhs
provision In the act undoubtedly made for the par
pcse Of limiting the publication to portions OF the
manuscripts the State ocers should Deem advisabIe
history selection to bs made bsfers
the State should embark In the Expensive sntsrp,s AZ
soos1"sains; sontr.e; VA: made By Coy aant score
Benthuy the Goth Of November 1851 70 print coo
copies OF each volume Of the work, without any ita-
and obveusy without any previous selection Of any par
tcular portions. This contract assigned BY Mr. Var
ber 1851, who commenced the pubsatios Of the work
with the third volume.
rsl. which made up this volume became satsnsd that
neither the Interest," Of history literature demanded
tne printing py the STATE ~ an enormous Of
whole Of the iping mAnuscrips which would make
nine more large octavo volumes and they therefore ar
rested theurther publication By the order referred to-
Ia estimated at the expense Of prnting and bind
rg alone OF this phoe work under the contract with
Weed Parsons Co., viii amount to $76, ,ooo There has
been paid during the last ncal year. oncsoust of the
Gocumsnt:, the sum Of sai sss o. The vSoIs oost
complkiirg the work will not BE- less than 5000
II for the I-gi,lsture to dssrnins whether any fur.
iher publication Of these manuscripts shall b. mads saA
!" prcviee the necessary means to Hay for the sams
fwe Tnavonce Companis
had occason In my annual report Of last year TO ss1
The attention Of the Legislature to important d.
ieos in the Law Of ls49 n regard TO formatoa "A
MODE CT conducting the business Of these numsroua
highly important and useful institutions In the STATE H
ssrds ne pleasure to that the officers and agents cf
tnes eonpaniss with great alaority, united psrIDet.
iug law designed TO meet and remedy the sxistine ds
sei and that the act 10 provide for tie incorporates os
Ere instr,nee eomran!s passed. -s Ja-., 1854, IL The