The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-12-13
FOURTH DISTRICTS TAX.
The Association Hears ADJ
vice from Collins
& Corbin.
ANSWERS TO SIX QUESTIONS
President Merseles and Others Cite
Assessments to Which
They Object.

Il
ers to secure legal opinion relative to the
unequal, unjust assessments levied by
the Board of Tax Commissioners an
unusual interest was taken in the regular
meeting of the Fourth Assembly District
Property Owners Association, held last
evening at Kessler's Hail.
President NJ p. Merseles presided and
nearly one hundred citizens were present,
among whom were Martin Logan, Thorn
as McEwan, Sr.. c. Weber, J. M. Van
Tassel, A. A. Francks. Robert Muir, B.
Sanders H. w. Kuhl, H. Rickens, F. A.
Weber, G. w. Kassang. c. H. CARING, w:
Wheeler, F. Kelly, George McEwan and
j. Beasley. An excited Teuton, wearing
glasses, and savage looking, large red
mustache, and whose English was of the
most wildly dlslocated kind, made u
nuisance of himself by ejaculations and
side talk, and he was irrepressible.
Under suspension of the rule, these
gentlemen proposed last evening were
elected to membership:-K. Iienne, Geo.
Beasley, C. H. CARING, j. Lenders, 9.
Metzlar, F. Hoppe, G.. A. Walters, c. H.
Fisher, w. Turner, II. Meyer, w. Hot
opp, G. A. Lohmann, 5. Metzger. ii.
Husheer, Otto Won Fell, August Lunden,
j. Lackner, Jr., Charles Reitz, H. G.
Haines, w. Kemp, w. Pliers, I. Dwyer
and w. H. Smith.
Afters.the transaction of routine busi-
ness and listening to reports of commit
tees on grievances, Martin Logan of the
committee appointed to obtain legal
opinion in the matter OF assessments lev
led in the district reported that they had
sought legal advice from Messrs Collins
and Corbin, and had propounded six
questions, which with the answers of the
legal firm, were presented as folloWs:-
IMPORTANT LEGAL OPINIONS.
To Messrs. Martin Logan, Christian
Weber and j. J. Alderly. Committee,
GENTLEMEN-We herewith submit our
answers to a series of questions by your
committee, stated below
First-Should the Tax Board or Bureau
assess all property at its full value?
Yes; both the State Constitution and
the General Tax Law require this to be
done.
Second-If unjust discrimination has
been made, can the tax levy be set aside
by the courts?
No. Each individual taxpayer must
seek redress as to his particular assess
ment.
Third-If the Tax Assessors put
heavier valuations on some property
owners than others, where 1t can be
shown, can the association or an individ-
ual compel the Board TO increase yalua-
tions?
Ii this question means to ask whether
an differentiation of property can be in
creased, we answer, yes. Under section
2 of Supplement to the General Tax
Law, found in the revision at page /, IA,
section So. any person may complain be-
fore the Commissioners of Assessment
upon giving five days notice to the per-
son whose property is underassessed.
Fourth-If a Tax Assessor of Jersey City
puts notoriously low valuation upon
his own or friends property, does he
violata his oath of Officer
Yes, if he does SO designedly and not
through mistake.
Fiftn-If the Tax Assessors of Jersey
City increase the ratables after the deter
mination of the County Commissioners
of Appeals, or hold back a large amount
from said Board, is it an illegal act?
If the term County Commissioners of
Appeals means the Board for the Equali-
zation of Taxes, we should suppose that
while the Withholding of ratables would
be illegal if wilfully done, yet that it
would make no practical difference, as
that Board dealt with the general range
of valuation of lands, and is intended to
prevent one city or township getting an
advantage over others, by systematic
undervaluation. II, however, reference
ing to fix the State and county taxes,
then the withholding Of ratables is clearly
illegal, and has been SO adjudged in the
case of Sea Isle VS.. Cape May, 21st Vroom,
page SO.
Sixth-Is it constitutional for the Tax
Commissioners to sit as Court of APP
peals upon work done by its Board levy
ing taxes?
tional at all, this particular provision of
the same is not, in our Judgment, uncon-
stitutional; that is, we think it is compe-
tent for the Legislature to provide that
the same Board shall both assess and re-
wise the tax assessment. Such has been
the law in Newark for many years.
COLLINS & CoRBIN.
AN ADDRESS BY MR.. MERsELEs.
After the presentation of some other
business, President Merseles called Mar
uin Logan to the chair and took the 6oor,
and in referring to the committees re-
port, said:-'1n investigating the sub
iect that has created so much interest in
our district, find there has been no sys-
temin making the assessment; no fixed
rpt 7f percentage of valuation. find
of property that is worth $4,000,
by the assessors at $500, the price
of the lots. / know of numerous
similaf cases that am prepared to show,
when the proper time arrives. There
is a case on my own block. A lot and
an old house, twenty years old assessed
for years ut 81 900, is raised to s., 200, while
a new house on an adjoining lot, worth
$1,000, and heretofore assessed at $1,000,
has been reduced to $1,000. Charles
Fields. or NO. ~ Morgan Streou, DOuBuC u
sand lot for $500. He is assessed
,200, while property on the same
eet owned by john r. Mcpherson is
;essed at one-fourth of its value"
The speaker went on in this strain for
some time. citing instances and referring
to his own property being assessed at
very low figures.
II am in favor of equal taxation" said
he. 'sThere should be no favoritism; no
relieving of friends, at the expense of
others perhaps less a0le to bear the bur-
den. There must be so much money
raised by tax to carry on the government,
aud if and my neighbor are assessed too
low somebody has to be taxed unJustly
high to make up the difference"
He urged constant agitation by the
Association to secure the only possible
relief in the matter, that of assessing
property at its full and fair valuation.
Mr., LOGAN AND THE BOOKS
ssI contend that ii the valuations are
fairly made general taxes will be less
ened." said he, land there can be no
ground of complaint. Martin Logan, IN
pursuing his investigation as a commit
teeman of this Association, had access TO
the books at first, but the privilege Or
ripht, as / claim it, was subsequently
denied him. 1t is now given out that
Valuations higher than those submitted
to the County Board have been made. II
This be true, the action is clearly illegal.
AS to the Board of Appeals. 1t passes
.-.,s--. f4e .x,,,, oate and that is a condition