New-York tribune., 1879-03-11
TINES on ELEVATED ROADS.

JUDGE BALRETrS IMPORTANT DECISION.
HE DECLARES THE STRUCTURE OF TIE NEw-YORK
ELEVATED RAILWAY TO BE REAL PROPERTY
OPINIONS OF OFFICERS OF rHE ROAD-THE CASE
TO BIZ APPEALED.
In the suit of the People on the relation of
the Neg-YOrk Elevated Railroad Company against tie
Board Of Assessors OF Taxes, Judge Barrett in special
Term Supreme Court yesterday rendered long
opinion, in the main adverse to the company. While
tine decision vacas. the the personal estate II
nods tuat the company pay taxes it, structure
as real estate In lcvyng taxes the property OF tie
company commits, taxed the VII e uctue
a, real estate, aud ts acton is sustained by the dc
csion OF Judg rrett The tax on real estate was laid
on valuation Of Il 2o45OJ and on the personal estate
on valuation Of 100000. The decision dIsm,sses
briefly the personal properly on the ground that
the valuation OF real Tor taxation Is beyond the
amount OF the pad capital stock SIO6S 900.
IL MS op mon Judge Barrett discusses great length
the question OF the right to tax h, whole supersuucre
NJ distinction principle Is held 10 suOsst between
elevated and surface roads The columns Of the former
are erected upon aud affixed tO the land and the road
bed and drpos upon the columns. IA that respect
differing only in degree from houses built upon spies
ota.r fixtures. But even II the structure should he
treated ID, IN tie nature bridge, 10 still taxable
real estate To plea that the foundations DO not rise
above the surface therefore do not fail wlrhn tie
statute Judge Barrett holds at The land does not end
at the -uriaec. and that atiAing the structure 10
foundations a: bottom o. artificial depression l.
within the meaning OF the sa'Ite much as Il II had
been placed upon the orieu-l surface. he examines
also al length TIE ann tult tle company has been
emptcd. b. special statute, from taxation.
1bo provisions 20! the ldw lich compel the payment
10 tue Control OF per cent J the urt Income n tc
couipauy are he'd vacat- the tax These prpvl7-
-. nv aDpar.nIlyslu the int rest of tAe cty. 10
which tie advantage remote and prohlematcal The
p j. LEGAL compensation lor the u.s.
9d occupancy OF the streets and by company Is
Id tar franchise IL l. 10 De
hppIcd especially 10 thc improvement Oi tue streets oc-
rtv,eI 6y the railway, and 10 cover Chains
,of tine removal ot Gb, gucu0ns on the street
llBe Of tho road The fund s To be hep' distinct
rxuenaiureIs mtrusted o cOmEissuR T. anu j. subject
only 10 approval o. the Mayor Ia thesc prov Sous
Jul-e Barrett n5lds that t-rc - nothing 40 lncs
an trntion 10 exempt tie company from general taxa
ton. upon its structure Tor governmental pfp '~e'
Tn.rc Is no attempt o." iriucnI-. bur the -ruc-
rlrp d. taxable anougI tLe franchise 10 exempt IN re-
gard the amount ~ tir Va1tloh lh.J j hrl /" p'
I'm b., law tn ud- NJ OF The as-esrors Atef r.
yrwlug technical questions Judge Barrett sus-
tlu h- taxation tie road Oh real lesate ana 'ac&Ies
thai on the PERSONALITY
COMMENTS OS THE DECISION.
r was sad Yesterday oy tine officers OF New York
Elevated Railroad Company thaE the case would be
appealed. Il thought 10 be a hardship tnat the
company -hOud Dee subjected 20 double taxation ami
tne on sjlCu would be carried % final decision Tie
company wished t. its rights and duties, and the
ouesti,ns wnicn soGtwiat novel ana without
exact precrdcut-, must bee solved
cyrus W. Field wa. a-kcd las evening ne was pre-
rarng 10 receive MS guests tie occasion of the Ocean
Gable Celebration. what would Dr tue probable action
az te Nrg-IOlk Elevated ktirItd -ompaLt ia view ul
ths decision 80 Why" nr Answered - don huu"
what the decision i. "a" -OncIhh- 'oout IT. ~ 'hr
evening newspapers, but didn't tAe ine rodoir 10 Itad
l. don't naNr any difference 90 U.s. ~ We rIdli Take
tie case to Tie Court of ApP"i4'. "'ht lt'uD.y
myself about il; t II ID 'H. .,,S .ai,'S ti Gl
nv brother. the counsel tor me c0mpah5. IL
viii be here this evening bu ont tniuk DEE vi" care
Ia talk about ths c.tsr Toe t0W. cd" Appeals Will nave
to settle lt uuy and several OF the judge WI" bc here
ure~sutiF.
P II lie decision should De ,us siled' was asked.
a" now wIlI affect yuur fpat o, - -, .
Fatoraa... rather than otI-fNI9t'' Was lAr IrpS.
IfIt /, -e.Ied t.at IUp-rt ~ iO "r faxed a- rr
estate We s be relic yr lru uUi contract VIII t-r
cty 90 uIy per cent 0a Cur D.. ""i h s re a7-..
mcut b. valuation 81 d"'' ui' '!2l "vA-'' '' u.
mn -.Uf rate taNitiuu-- per 'tA tAt-lAi+ VIA amount
io about go 900 dOu't know iii u "l.- make M1-
dif.Iruc. to whether pay iIl- ttN OI LA- ot-'t
But .yr -I}Cu tur matter Do IhOdEAli u Il al N 'Ie
hands Oi my urutAri.'
business OF IHE ROAD.
The payment 10 the city OF per cent Of the com
pap,'- ne, income ha. amounted since the judgment
sale i 1870 Sj.O-7 GJ. Oi t-s sum S2Oel % were
pald dulu the seven years ending December 81, 1s77.
ard tuc remalndcr0u account of the business az lass
vea- For the first three months OF ISIS the earning
were according the sworn statement ~ the r asurcr
January r326j4 %; February. s2s,J7j ss; aud
March .3C-45 - total. Sgl.I7s Al. From tlls sum
arc deducted The expenses -j2l- ~. aud the interest
for the quarter $50 9J7 81. F1r ;ue TX months
the earrngs were April, S:.9.2fs May, S3O79O 90
Iun- S2g 483 80 July, 81 40; August S3J,s26 81
--utembrr. et4 1J - sahiu- the tOdi earnings Tor
M ak months. e246,sIJ 70: Tor the same
time The expenses were Gli-.JJO -S, and tue
interest, rss,34u. For the fire. hILe uOnt. e
Of 1873 tho net earning OF Tue compsD
accorons st-tcnets, were s@4.46o %, oI