The New York herald., 1872-12-17

The Canal Debt Defciency-The State
Endeavoring 10 Compel the super
visOrs to Insert Kings County's share
I'm the Tax Levy.
Before Judge Tappen.
There came on yesterday for hearing the motion
on behalf Of the State Comptroller for mandamus
to compel the Board Of Supervisors OF Kings
county to levy and collect tax or three and half
millions for the Canal fund deficiency. The Comp
troller was represented by Attorney General Bar
low. while Mr.. j. M. Van Cott appeared for the Su-
pervisors, and District Attorney Downey for the
Queens county Supervisors, against whom SINH
lar application has been made. The Queens county
Attorney General Barlow read an af1davit OF
Nelson X. Hopkins State Comptroller, setting forth
daat IN ms opni3h t1e M act o. the legislature re-
whether the "Canal Deficiency debt" should be
funded was unconstitutional, and that he had on
the l4th Of November informed the Supervisors
that the amount would have TO be placed In the
current tax levy. it having been incorporated in
had the unanimous concurrence OF the Judges OF
the Court OF Appeals in the above opinion. Mr..
Barlow, in his own af1davit as member OF the
Board OF State Canvassers said S6032 votes were
cast In favor OF the funding and 80, 1853 against 1t.
Justice Tappen-Have you any thing to show what
the opinion Of the Court Of Appeals Is on this ques-
tion2
General Barlow-No, sir; but ! don't rely on that
very much merely state that Mr.. Hopkins sub
mitted the question to them Informally.
Mr.. Van Cot, IN reply, read the following afiida-
witt
STATE q He,o York County Of Kings s-Dwght johnson,
the city of Brooklyn being duly sworn says that he is
member OF the Board OF Supervisors OF the county
Kings
That said Board Supervisors caused an inquiry 10 be
instituted in relation to the assessment Of real
the county OF Kings In comparison with other
the Sine,n the particulars and results from which
embodied in the report of special committee, a copy
ncnt member of said committee, and as such
actively participated in said inquiry and that he verify
believes the matters OF fact duly stated in said report
That The proceedings OF meeting of the said Board
Supervisors held October 6 1872 in relation item
canal and general fund deficiencies correctly set
forth in the printed minutes Of said Board pages $50
653 both inclusive, copy Of which is hereto
That the further proceedings OF the said Board in rela
tion TO the said item set forth in its minutes the
meeting, November 10, 1872, at pages 7s TO both
inclusive, copy whereof Is hereto annexed, marked
"Cn That its aforesaid action in relation the
item the said Board as deponent verify believes, has
That, excluding the said item from the tax, the
rate taxation in Kings county for the year will
be three dollars and ffy cents and six mills in $lO0
of valuation.
ze the valuation OF real estate throughout the State for
large sums Of taxation for local purposes have swelled
the percentage OF taxation in said county TO such
height as excite general alarm and greatly threaten
DWTGHT JOHNSON.
Sworn before me this 9Th day Of December, 1872 E. b.
WooD, Notary Public, Kings county.
lengthy argument ensued, at the conclusion OF
which the Judge took the papers and reserved his
decision.