New-York tribune., 1873-04-11
vAcATING ASSESSMENTS FOR BENEFIT.

THE CONTROLLER CALLS UPON THE LEGISLATURE
TO STOP A GREAT LEAK - HOW LAWYERS
THRIVE.
Controller Green has written a letter to
Mayor Havemeyer, urging the necessity Of amending
the relating street improvements in this city
prevent setting of assessments for private
benefit He says
Certain lawyers, taking advantage OF technical ohec
tons assessments for beneficial improvements. apply
10 the Courts have them vacated. Assessments thus
vacated become unjustly charge upon the taxpayers
OF the city, while the of the property benefited
by the improvements, and who should pay for tnem
escape. Assessments laid for wooden and poutice
pavement jobs, which have heen so costly and so
ephemeral, have given rise TO great dissatisfaction TO
property owners. But the business OF vacatng assess
ments is by no means confined to this class OF work.
The amount of assessments vacated during the last five
years. which are thus made general charge upon the
city, is as follows:
iSs... S3iS9 & iS;i....... aiiCsl % ------
Total SlI4ff9 %
OF this, few lawyers have received not less than
100000. The business Of vacatng assessments is still
going on Prior 1852, ii the practice TO pay con
tractors for work the streets, such as paving. &c.
from the proceeds of assessments after they were col
ected Under the present system the work lis mostly
paid by city of the bonds issued TO raise the
necessary money before the work is fully executed The
bonds thus issued by the city from time to time 10 meet
these payments on street anu
standing az debt of the city, amount TO the enormous
SUN of $lGls2472 90. They all payable within five
years and large amount becomes due and payable In
the present year The assessments constitute fund
pledged the payment of these bonds and are the
only means provided for that purpose. This fund is
course diminished the extent that the assessments
are vacated and the city treasury must meet the
deficiency out general tax by the issue OF
manent bonds as a city debt. ,
Ii measures are taken immediately 10 sustain the
and prevent these unjust vacations another
large portion of the advances made by the city, repre-
sented by bonds outstanding, must IAN upon the tax
payers the city. The practice of vacatng assessments
upon technical and frivolous grounds Is comparatively
OF recent origin aud has only within few years grown
into serious evil and imposition upon the City Treas,
ury Under the law Of 1873 chapter &C. 1t provided
that the cost OF all street improvements should be first
ascerained and collected through assessments on the
property benefited and then, and only then the city
should assume the liability and undertake the execution
the work.
The older portions OF the city having paid the
ments street improvements which were for their
special benefit would appear 70 be equitable that the
benefit the portions of the city should as gen
eT thing be paid by the property Denebted III Is not
equitable that the expenses OF these improvements
In the upper portion of the city should Iail upon
the whole body Taxpayers, this would make tue
older and improved sections bear larger portion
of the expense those newer parts specially beie
fitted IL the claims o. the city against the owners OF
property for assessments on street improvements ul-
recy their benefit TO be cancelled there wOnld
seem other OF guarding the city at large
against an unjust imposition of taxes, except either by
the dsCOntnuancc the work by increase VI the
taxes the city debt The amount OF ponds 10 he
issued IN any year should by Legislative enactment
limited a specnc and no WORK should De un-
deraken or authorized 10y the Common Council the
penditure which will exceed the amount OF bonds
authorized