The New York herald., 1870-02-01
THE wEsTcHEsTER TAX WAR.

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sp0nsiDe.
THE WESTCHESTER TAX WAR.
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Card from John II. Hushin in Reply to the
Opinion Of Justice Joseph r. barnard.
NEW YORK, Jan. 81. 1870.
To THE EDlr0R OF TIL. HERALD:-
In your issue Of SATURDAY last under heading,
''The Westcnester Tax War; your report contains
erroneous statements which, as the relator In the
proceedings In which you publish Justice
Joseph f. Barnard's opinion claim the right
and beg or you the privilege to correct.
The report states that the matter Of the injunc.
ton granted By Justice Tappen "cane be-
fore Justice Joseph r. Barnard, OF the Second Judi
cal district on motion to set aside the Injunction"
and then follows hts opinion This fs not true. The
action In which the Injunction against Madison ave-
nue. was granted was commenced by Patrick H. Han.
Ion, q property owner on that avenue, against les
commissioners ana Others and after full argument
by 8. u. Lyon and Judge Cochran for them. and my
self for HanIon to hold the Injunction pedente he
before Justice Tappen on tho 18th insE he holds the
motion under advlsement and 1t Is yet undeter-
mined.
The matter before Justice Barnard was on COM
mon law certa0rd71 sued out of the Supreme Court
in the name Of the people by myself as relator
against the Commissioners OF Madison and Berrian
avenues, granted BY Justice Tappan on the 27th
inst and made returnable at General Term at
Brooklyn, on the 14th Of next month. Mr. Justice
Barnard saw no force in the preliminary objection
made by my counsel, that the motion to supersede
the writ should have been made before tue justice
who granted 1t OF the full bench at General Term.
do. This has been che uniform practice. Tho JUS
tlce who granted this writ examined the REALTORS
papers and the proceedings, and exercised his Judi
cia discretion 10 doing so; his late residence wnere
naAr dad tnr rv anti vnar nVn kad
Berrlan avenue; he had been Justice OF the peace
aud the supervisor Of !ne town Of we West Farms, .
stituuonal Convention and a State oaicer,
and was personally cognizant Q! the anairs
81 me and ana me with he q IT'S ac
exercised his judicial authority to nave the proceed
tngs reviewed by tho full bench OF his court to ascer
tain whether q "burdens0me" tax had been legally
imposed. and Oppressive legislation" was constltu-
tiona. AR. Justice Barnard. residing at Poughkeep
sic ian inconyenienJ place TO take the parties, and
not Justices Gilbert Pratt. in Brookyn), Is ap-
pealed to to supersede the decision OF Justice Tap.
pen. and TO prevent t1e certorars being heard ana
the interest OF the alleged "consplrators" has made
an order superaeding the writ OF the people. lie
supersede what another has judiciay DONE but pro-
per judicial deica0y should forbid IT, uniess he wRo
does 1t desires the "bad eminence" and the unenvl-
able notoriety given by similar proceeding In the
Erie case and scandal. where the exercise OF the
authority by different justices and FOR dlerent con-
ton OF the State Judiciary TO slower depth" and
rendered the justices VINO have exercised the author
lived during the history jurisprudence. As to
the vital constitutional questions raised 0y me, he
says. II think this is NOT well taken'-the question
OF the constitut0nality Of the Berrian avenue aot.
The peoples writ would have been reviewed and
1udically passed upon by the General Term aud not
right. Louis XIV. said, Il am tne Staten Barnard
In effect says, Il am the General Term" The sequel
is not now Its mere presiding Justice. He also says
''Tne tax Is very burdensome; but It has been i'm.
powers @ " The court can give no rssi; tnas Cannot
assume TO be the champion Of the community and
acssS VINO csDi to hun only those wH
own property along the line 0f Berrian avenue which
is TO be Immensely benefited and increased IN value
by the imposition OF this "Durdens0me tax ~ upon
the TAX payers OF the town generally A monstrous
proposition That the c0nspirators VINO, on the
last day Of the session OF the legislature corrupty
have an act passed for their benefit are the only
persons 20 invoke review IN the supreme Court OF
as 70 the 0onslltuuonaity OF their special law.
As q large tax payer and citizen champion my
own rights and incidentally the rights OF three thou
sand taxpayers Of West Farms, against the imposl-
ton and collection OF fraudulent and uncoDstiIu-
tlonal tax, and ! seek to "question the Legislative
benca Of the supreme court, Barnard to the .
contrary Notwithstanding. i have always believed
W wronS ss there sna that n
courts OF justice may prevent fraudulent, unjust
and illegal exactions In taxes or in any otaer Illegal
imposition ATTEMPTED under Oppressive leglsa-
tlon.n Justice Barnard cannot 40 away With the
freeman's right either to the habeas corpus as to
the person or TO the common law writ or Cesftoruf
to Ills sacred right OF property have appealed to
the general term from HIS order supersedtng and his
opinion, and have al ORDER from tue Supreme Court
staying proceedings until the determination OF that
appeal. Perhaps he VIII spperSede that order and
perhaps letter, OF which The following is copy,
delivered to him on the 10th day OF December 1868,
and other considerations, may nave had something
to 40 with the supersedlng order OF my quondam
Ifiend Justice Barnard. JOHN b. HASklN.
The following Is the letter above referred to-
106 BROADWAY, NEW YORK, Dec. Is 1863
DEAR SIR-Fr0M the close judicial intimacy and
fraternal relations existing between Justice George
G. Barnard and yourself, and from his and your re-
cent expressions and conduct towards me, have
contents OF .private" communication addressed
BY me to him on the l0tn day Of May last, sunder
ing the intimate friendly relations which had there
tof0re existed between us. 1 had not. however,
until the time oil the argument before you Of the mo-
ton to vacate Judge Lofts stay, and your state
points OF Mr.. Dykman before Justice Gilbert (that
motion was fully argued, and Judge Barnard refused
TO interfere, and stated thai II thus motion
was before him., he should consolidate the
made your brothers. differences with me your own,
and therefore, sought to do me an ACT OF injustice.
In this charitable view have cause to feel nave
been mistaken. Remembering that probably but Tor
my efforts you would mol now mold the position you
occupy-one where law and justice, without 1avorit-
Ism, malice or revenge, should be fairly Gdminis-
tarcd-maKes me the more sensitive In the protection
OF my legal rights ana my observations OF your
marked efort during the argument on the bench 10
unseat your peer, Justice Tappen, In my case last
ton the accompanying affidavit and this note, leav-
ing your action TO such sense Of proprety rs you
H Hon. NJ J. +. F. BARsAhID. a IA 4, ' JOHN b. nAsKIN.