New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-24
LOCAL MISCELLANY.
A ET1MBI,rNG.BIoCK FOR LAWYERS.

NrSrs nrSfpn-Tur CONTROLLER ANXIOUS ~
oBsTRuCr THE VACATION OF AssEssMhN'''
The refusal of Controller Green to allow
lawyers or searchers employed by then' acees' ~ w.
recorde in the Bureau OF Assessments na' e -
GOOD deal Of feeling and indignation smong members
~ ,.oa, nrofession who delayed In MAKING vi
49, from, completing searches so as 10 ehaoie
them 70 give clear titles to real estate M o. lsa"os VI
,be law firm OF Isascs Sanger, has ootameu iro1
yoase Iarremore Of the Common Pleas Court an oroer
~snrug the Controller 10 show cause why no snoulu
not permit access records and the question
anna before the Court for argument this morning.
Meantime TspUNR reporter has taken pains 10 ascer-
tain the sentiment OF the lawyers OF this city III garu
u this action OF Controller Green ana mus tha' Only
one opinion prevails among them, and that ls tnat 'he
controller is not justified either on legal OF moral
grounds IL the course he has taken The new Charter
last Winter is clear and explicit in requiring all
heads OF Departments give citizens free access to the
,noc records although IL is SO worded that the Con
troler can delay aud embarrsss citizen IN the exam
.uasion Of the records Of his Department II he SO
Chooses The section Ia THE;
An books accounts aud papers in any department or
gareau thereof q e., Of the City Government except
shc Police Department shall az all times DC open 10 W
snFpection OF any taxpayer subject 20 reasonable
es and cgulaons IN regard 10 the time ana naaner
OF such inspection such department. bureau on %
NAV make in regard 10 the in order TO secure the
safety OF such books. accounts and papers ana lne
proper them by the department. bureau OF omSe'
In case such inspection shall be refused such taAphye
an his sworn petition declaring the particular Door
account or paper that be desires to inspect may uo
uofop OF not less than day 10 such uepdrtnonN'
bnresu or oicer apply 10 any Justice OF the supreme
Court for order mat he De alOwed 10 nf%oTize
suectiOn as such Justice snail, BY MS ORDER auollI
aud order snail specify the Tune ana nlan"0i VI
such Inspection - =,
twin be seen by the above that the Controller can II
h boose compel every lawyer, other citizen. to 90
80 the trouble aud delay Of applying TO the Court every
time he wishes TO make examination OF the DOCKS III
MS department When it considered that every trans
Ter OF real estate II this city involves search OF e e
cords of the Bureau Of Assessments before clear ute
can be given It is at apparent how much delay IN
convenience aud expense the Controller can cause by
Insisting upon his legal nights In the matter OF
allowing searches OF the records under his control Inc
lawyers say he has moral right as public ohcer
10 use even his legal powers 10 embarrasS ana oosue
the regular, legitimate, everyday transactions OF MS
constituents and that the excuses which he gives ior
cb action are based on an entire misapprehenson Of
his poston and duties { public official
The reasons given by Controller Green for refusing 10
nuow an inspection Of the books in the Bureau Of As
easements are these: During the last few years an eK
tansive business has been carried on among certain
rass OF lawyers this city in vacating assessments i'm
posed upon real for local improvements such as
having laying sewers regulating and grading streets
These assessments have vacated by the Courts on
various grounds sometimes for want OF authority to I'M
pose the assessments originally sometimes for failure to
advertise contracts according 10 law, sometimes for an
omission the part Of the assessors or other ocla
ar for doing 10 IN irregular or illegal man
ner &C. As the business Of yacating assessments grew
rotabe class OF lawyers engaged In II who resorted
20 unprofes.IOnal and perhaps dshonoraDle tthOugh
1ega0 mstn Cscm 81 drumming up customer and
employed runners 10 ascertain VINO had been assessed
names. would offer 10 take the JOB Of vacating the
assessments at certain percentage OF me amount
the Bureau Of Assessments TO find out who had been or
was going 10 he assessed, IN order that the lawyers
Vkhfr
nations made for such purposes that controller Green
ct ~ rreveu. but as he cannot know the motives Of
nv man wishing 70 make search, he is obliged 10 for
hid AN searches, in order 70 reach the class aimed az
IKE Mr. Isaacs merely wish TO ascertain the incum-
Drances on real estate with view TO proving titles
prominent lawyer, who is personally friendly TO MI
Green End "a king with TRIBUNE reporter the sub
isct said that Controller had what at the first blush
appeared 10 be plausible excuse Iot ms cohuueI and
were no in his place. he should be tempted 10 pursue the
butt would NOT saha the teSt Oh tn9 9
ough reflection or eNanlist.oSS 49, - ~
fact had no legal right TO refuse an inspection
~efnsi1 an sucn course tended 10 excite suspicion
AGAINST bis department IL was the first step toward
tFoir connolly when citzen could get access TO
book or paper in the department OF ma out anything
citizen 70 inspect tho books OF the Bureau
Of Assessments Tor any reason wn at ne
own accounts ascertain the condition OF the puDhc
finances lest the credit OF the CITY might De injured BE
ides the position taken by Mr. Green arose from false
view OF ms duties rs pubic O1cla' WINE no respect
lawyer would approve OF the acts OF
,T 9I' easements. yet it was clear right,
,'r91e-tt lad been illegally assessed 10 get his
S.sesau'ept vacated II he could, and Controller
Green had no legal moral right 70 prevent or obstruct
80, In doing So II was simply legal question for the
courts 20 otteTnue and with II neither tue Controller
nor anv other city official had any business TO inter
NEEDLE further than 10 afford what facilities they could
in carving the law. Mr. Green, Ike many other city
officials appeared 20 make false distinction between
what ne calls the city and the people OF the city.
Every taxpayer is the city one man as much as an
other Mr Green talks about protecting the city from
ROBBERY though the city could be robbed ndepend
emily Of the people WHO urshed inc Inohey that was
stolen lie has no right 70 force an lnuNldual 70 pay
taxes gy assessed upon his property in order to
protect all tue rest OF the euzens ron paying tne tax
Ifhe Dr. o. protect anybody 10 such case nc should
rather seek 10 protect the individual than the mass.
This business Of Yacaung assessments moves Ihe
ngle block instance shall pay the tax for certain
improvement whether the whole city shall pay II;
ani nc tber MI Green any other city official has
any occasion any right 10 take sides on the question
fons 10 tie way Of having the question properly
Ietcruined by the Mr.. Green represents both
M clio ana the taxpayers, singly and collectively,
and should stand entirely neutral in controversy
whether portion Of the taxpayers OF the whole OF
st.u ehorfI nav "a certain tax. The TO prevent
such controversies elect competent law-makers
aud have competent men to execute the laws and not
ly Ohstructng the citizen in HE efforts 10 MAINTAIN his
!,sti y"r sbonld try 70 escSpe from these
assessments for local improvements In every they
could II 1924 the cJy passed an ordinance that alter
once il should forevea thereafter be kept in repair
the expense OF the whole city. This ordinance was
faithfully observed for moro than 80 years.
II was only after the patent payements were
A. vogue that tue practice hogan OF assessing local
urOuerty for the requirements As everybody knows,
these patent pavements we're most OF them corrupt
'jObs given out az enormous expense to contractors
UIo shared the plumber with the Common Council The
nronerty-Oyyuors street would md themselves
e.!ed Without their consent sometimes high $500
a lot for a pavement they did not want, and II they
could avoid payment by showing that the assessmont
was ILLEGALLY made they considered they had moral
az wei as a legal right DO II. The courts had, mean
time hold the ordinance Of 1924 invalid and property
owner had 10 redress but to get their assessments
vscatef on technical grounds, or by showing that
Tie had rot been complied with IN some particular
II was certainly a legitimate thing for any citizen 10
do aud tue Controller who represents each individual
4I payer as wei a. all Of them together has right
throw obstacles in their In 1872 Controller
Green favored the passage OF "a law by the Legislature