New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-26
HISTORY OF THE CASE.

"a
late on Thursday by Justice Potter Of the Supreme
Court restraining the city from attempting to col
lect the sum of the tax laid the personal properly
of the company in the year 1874 The complaint
was fortified by the athdavits OF john hiley ana
Henry j. Bullay, president and superintendent OF
the steamship company In ITS complaint III Is
charged by The plaintiff company that tine assess
ment rolls for 1874 were not prepared in the form
provided by law, and were not sworn 10
by the Commissioners of Taxes, or their depn-
ties as required by law For these reasons the plain
tiff company pravs that the tax and levy be deciieu
Illegal and void and that the dofcndants-the Mayor
Aldermen and Commonalty of New-York ana WIZ
lam HAYES. marshal-be enjoined Professionally ana
nsrpctuallv from enforcing the levies mace under
fine warrant The company seeks also to recover
from the city the several sums previously pau oh
account of the tax. The temporary lnluncuon was
granted by Justice Potter, and an order to show
cause on Monday. July %, why it should not be
made permanent was issued by him. These pro-
seedlings were taken on the application OF e4-Judge
-ordozo. who had been retained by the company.
The tax of which the steamship company mus
eeks TO evade the payment has been the subject OF
litigation for several years. After Judgments In
favor of the City by the Supreme Court and the
rourt of Appeals of this State the case was taken
On n writ of error before the Supreme Court OF the
limited States. A decision again adverse to the
,ompany was rendered by this final tribunal III the
atterparto OF April and judgmentwas entered on Nay
r.. 1879. Since that time officers OF the company
said to have promised repeatedly that the matter
Ihould lie settled speedily. 1t was agreed that pay
ncpt of the claim should be made on June lS' ana
interest was computed to that date. The Judgment
then amounted to $137.55O 80 and the inter
s,t per cent a month, has Increased
be amonDt to about $4,000. The fire.
g of no
we're not fulfilled, but it was agreed that
settlement should be made yesterday. The in
unction obtained on Thursday modified yester-
iav morning by Justice Potter, on the representation
# the Counsel TO the Corporation, far as to annul
NE stay of proceedings 1t understood that orders
Mere given at once the Marshal into whose hands
Me warrant had been placed, to attach the COM
,anv,- funds on deposit at the Park National Bank,
md TO take possession of the steamer Acapulco now
N port ia case the judgment was not pad accord
N to agreement. Shortly before 3 p. H. yesterday
lie counsel of the company, Edward Lauterbach'
was standing IN front of the Tax Com
nissiopers Office. He had told Deputy Re
sewer of Taxes Vredenburgh that he was
waiting the arrival of President Riley.
The marshal William Hayes, 10 whom the warrant
had been intrusted in 1876, was sauntering slowly
Down the wall, toward Psrk-r0w. Mr., Lauterbach
Uas Joined in a few minutes by person who had
solne from the County Court House. Together they
hurredly ran TO the Park National Bank, where
they found the marshal just on the point Of serving
his papers. They at once served on the OlhceI
new order from Justice Potter annulllng the stay
given earlier Yesterday and granting stay OF pro-
eeedinps until Monday This order had been OBJ
famed on the application of Richard 5. Newcombe'
An attorney for the company, on an affidavit OF
President Riley. This new step on behalf OF inc
rompauy caused considerable excitement among
city officials. The prize, which had seemed secure
a few moments before, they saw gliding their
grasp. One officer exclaimed hoty, his words
seasoned with oaths, The city snail have tAat
money anyhow"
Following is the steamship cOmpanys complaint,
On which the injunction against the city was
granted Thursday night;
TIE COMPLAINT.
The Pacific Mail Steamship Company COM
n,aip Of the Mayor Aldermen and Conmonaty Of the
Clry of NewYork and William Hayes rs Marshal OF the
CITY and County OF New-IorK. as follows, VIZ;
That the plaintiffs body corporate, created by
aud urder The laws Of the State of NewYork, and that
tie corporate name or style thereof the Pacific Mai
Steamship Company The plaintiffs show that the de
PENDANTS have the right to levy and collect taxes rom
persons and corporations within the City and County OF
Nev-YOrk which tax however, must he ihld' imposed
and assessed under and in accordance WIN Tue pro
v,sio,,s of tine WIS of the State OF NCw-YCTk
Thai the defendants pretend TO have laid, assessed
and imposed upon personal property OF t piuinth
tax FOR the year 1874 amounting exclusive OF h'oies
10 the sum OF S1S6941. And that such pretended tax
being the unpaid the Receiver of Taxes OF the defend
arts issued warrant directed 10 The Gecniant, william
Haves As marshal bearing date or about October o.
1876 And the defendant HAYES, as marsha under ne
warrant has levied upon steamship OF I1e planH'
and by and threat OF such warrant anu N tI
p.snth 4as PaiI on TS7e so 600 and on or Gbou
Iltf.r ,4Ty -
Ly coDpu.IOn Of pretended tax warrant ah0 levy an"
H., ~ {seTs. Tne balance Of SAID pretended
tax with interest the Whole amount As provided "
law remaining unpaid the piaintin HSyes as MARSHA,
threatens sell and dispose OF the steamship ana other
ptTTbe ants further show upon Information and be
nj ta prr 10 the statutes hereafter 10 nc uehuoheu
r. was provided By law thai assessors I'D e5cn UMn
ard shoud be chosen and that they should TepaIe IN
each year an assessment roll OF an we ,t ,air re-
tauts and property real aud per7OnGi'b tnv v@r re-.
spectiye towns or warn SEPARATE columns inst the
CURED T. set G4g taxable inhabians Of tie town
grd secondly the quantity OF lana To Dc taxed 70 each
nerson: thirdy the full value OF such lahdj and
Sb ne iti value OF al! the taxable personal prop
trty owned by such person after otudCtihg inc w
as a,ndec by tie Of 1851, chapter l5G psg c
that tho assessors OF majority Mo, e fv ~ CITY
pleed TIE ols shall make OATH before '0T no T
Justice that hey have assessed the Naue " M, ne
cstareaeeordl to Their best , ncrsops
rolls contain tue statemeht oI snS rnDs SYcnd
property above al debts due from sucI etsons gh0'
iu et apt pcP.r ana a S'f IS 1857 the cS Of the
ward was abolished IN NeW-1o faYes sbCuid
W. cicd t neSn he duties for'cry performed by
under the same g., .,o lave
in0 10 re ofcers apus-tcd 10 assess the taxes and
"a W , ~ 49,. 1iODtment down to 1874 and
sio - - plaintiff, charge that Tor the year
t5zG - "a DissOuers did not prepare cause
Z - ,re rolls IN the form provided
Gy law 10 plaintiffs charge that rolls were prepared
,Eowne RAJ estate subject to taxation. which rolla
were ddJ sworn to as by Jaw required ana separate
,'i OF GrsOus taxable for personal estate pre-
,.sr.I witch last mentioned roll not 90,
- plaintiff informed and belieyesthe said Deputy
- Commissioners did not make such assessment or
,e che Tax Commissioners information relative 20
lie personal property Of this plaintiff under oath as by
law required, by means whereof the plaintiffs IN
.I La. 49, IL IL aaLII. mil