New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-06-11

Still. STRUGGLING AGAINST TAXES.
STOCKHOLDERS OF THE ELEVATED RAILWAYS OBJ
TAIN A TEMPORARY INJUNCTION FROM JUDGE
BIATCHFoRD.
The Manhattan Elevated Railway Company
having failed to obtain injunction IN the STATE courts
prohing the city authorities from collecting the taxes
essessed upon It's property begun an action III anew
form TO accomplish the purpose In the Cmteo
States Circuit Court Ex-Judge Dillon and Wager Swayne
Yesterday appeared before Judge Blaiehford on COM
paiut of Robert NJ Falrbairn, OF Westlall n D. WHO
owns 100 shares Of Manhattan stock ana FRANCIS H.
Shedding OF stamford Conn. who owns 500 shares OF
the same stock to ask for injunction prohibiting the
Eew-York Metropolitan aud Manhattan Elevated kall-
Eay Companies from paying TO the city taxes now
planned to be due and also prohibiting the city au'hori
ties from proceeding to collect them
The complaint contains copies OF the leases ana agree
ens entered by the three companies and then re-
cites that they about TO certain taxes TO the cy
In the dcriment of the OF these nonresident
s,ockbolders The plaintiffs state that by act of the
Legislature OF the State of NewiOrk, entitled An act
10 provide for raising for the use Of the State upon
certain corporations joint stock companies ana asSOca
tions passed June l. 1850 it among other Things
provided that corporations transactng business IN the
City OF NewYork should pay TO the state tax on Their
can and gross earnings aud that by Section OF sad
act IL was provided that The lands and real estate OF
the corporations Joint stock companies ana As
eocaons mentioned this act shall continue to be as-
eessed and taxed where situated but the capai STOCK
md personal property of said corporations joint stock
companies and associations shall hereafter be exempt
from assessment taxation, except az In this act pre-
serbed and gross receipts except rs In this
etatue authorized shall be imposed charged against
Gny street horse railroad company" -,
The railway companies have. IA claimed PAID 10 the
State the provided for III ana by tLs act, ana
therefore the pretended assessments Of the capital
stock of the said companies personal property and
The IA yes based thercupOn Illegal and void The
paintis aege great number OF cases other as
sesbe property the city and state such AS houses
lands piers etc. faithfully assessed aud valued
upon personal examination in the years 1879 ana 1850
As REQUIRED and that in consequence oil this ia
ure 10 obey the the aggregate taxes imposed upon
the elevated railway companies were greatly ana uaW
fuy Increased. The moneyed capital In tie hands OF
Individual citizens alleged, enjoys practicable I'M
Tnunity from taxation while all the shares OF the ele
waited railway companies taxed heavily upon thclr
fun value Ii is averrcd that throughout the Stale out
sle of the city, real estate has been generally aSseshe
nj from 80 to 20 per of it's full value and personal
property at from 25 so per cent or its value In te
cty real estate has been generally assessed AT IRON % "a
20 Der cent of its value, while at least fouhfths OF the
taxable personal property have not been asscssed at all
The plaintiffs further declare that because OF the act
last the companies are exempt IRON any TAX
personal property except rs mentioned IN the act
and that imposed them by the city Is real
hnothcr upon capital aud that the tax imposed
upon the and excessive. because
levied at much higher than upon other real estate
Judgo BlatchfOrd issued a temporary injunction and
Bet the motion down for argument J une 20