The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-19
TO MAKE A HARD FIGHT.
GROUND RENTERS UP IN ARMS
FOR TO-NIGET's MEETING.

The Fight to be over the Adoption
OF Alderman Falligant's Resolution
The Corporation Attorney Likely 10
be Called on For Further Opinion.
Rumors ofs Resignation From Coun-
ell in the Event OF a Vote TO Assess
the Disputed Property.
The question Of taxing ground rent prop
erty will come up for discussion IN the
city council tonight on tie following reso-
luton Of Alderman Faligaut:
PesOiued. Thst the assessment COMMITTEES be
directed to instruct the board OF assessors OF
the city to assess for taxation for 1870 the lots
reported by the city attorney under the recent
resolution Of council as Liable 70 municipal
taxation.
The resolution is based upon the opinion
by Cooperation Attorney Adams, who holds,
in brief:
l. The title to the ground rent lots is
vested in the holders Of them, and not in
the city.
.. That what the holders pay the city is
the interest on the unpaid purchase money,
and Is not ground rent
g. The trust lots must, under the consti-
tuition, be taxed unless excepted By statute
or a contract on the part Of the city, agreeing
that they shall not be taxed
l. There is no statute exempting them
failed to find any contract in which the CITY
agrees to exempt them. They therefore
must be taxed, unless the holders OF them
can show a contract exempting them from
city taxation.
THE AGITATION IN 1871.
The agitation OF taxing what is known
rs the ground rent lots dates back as far as
December, 1871, when Alderman Falligant,
not then a member Of the council, wrote a
series Of articles for the MORNING NEWS
urging that the property be assessed for city
taxes. Boiled down, the summing up OF his
argument was:
l. The so-called ground rent lots were
bargained and sold, not rented nor leased.
z. The title to the ground rent lots, abso-
lutte OF conditional, was given 10 the pur-
chaser.
g. The ground rent lots are subject to
the same assessments and burthens as other
aots in the city.
Subsequent to the publication of the arti-
oles, and on May p. 1878. the council passed
an ordinance providing that every person
and corporation using ground rent lots,
should pay tax Of Pa per centum OF their
value, and it is said that executions for
taxes on this class Of property were issued
at that time. The result was that some are
Baid to have paid the tax, others paid up the
balance Of the purchase. money, while the
greater part of the ground renters raised
such stir about the matter that it is
claimed it was dropped for political pur-
poses.
LIVELY TINE LOOKED FOR.
The question has again been renewed
and the eliminating point is likely 70 be
reached tonight. IL is thought that there
VIII be sensational developments, and it is
rumored that Alderman Wells, who op-
poses the taxation Of the ground rent lots,
hf-e 4
adopt the Falligant resolution.
The question is the talk Of the town, and
the council chamber will. no doubt. be
packed tonight TO hear the discussion which
viii grow out Of the effort 20 tax the prop
erty.
Among the more conservative owners Of
the ground rent lots, there is disposition 10
pay the tax without contest, If on a full
investigation the property is found to be
taxable, and it is understood that IL Alder
man Faligant's resolution prevails, and
suits OF a restraining character are insti-
tuted, the city will insist that each suit must
stand on its own merits, SO that common
cause may not be made against the city, a..
for instance, il a nonresident seeks 70 resist
the payment by carrying the matter into
the United States courts, where the delay
would be long and decision unfavorabfe
TO the CITY might be reached the city will
Dot permit the residents of Georgia TO be
simply intervenors, but that each case must
be heard on its merits and if residents take
their cases 70 the supreme court of the
state, those who favor taxing the ground
rent lots claim that the decision will be
sooner reached and will be favorable TO the
city, and from that decision there could be
no appeal.
PUBLIC INTEREST AROUSED.
No question before the council since the
passage OF the ordinance Of 1878 has stirred
up the people as the present question.
Many ground rent lot owners are Indignant
that the matter has been revived, while the
great body Of the taxpayers, who do not
own ground rent lots, are indignant that
the latter have so long escaped their share
OF the assessments and burthensn
It is said that some of the deeds to
ground rent lots have the clause Subject
TO the same assessments and burthens as
other lots stricken out with a
pen mark, but a gentleman who
has seen one Of these indentures.
says that the cancellation has been made
since the instrument was drawn and has a
suspicious look II it be true that anv of
these deeds have been tempered with 1t NAV
mean more than taxing tho property-it
may result in prosecutions for forgery.
1ndentnres with this unauthorized elimf-
nation will be submitted to a rigorous
scrutiny.
THE COUNCILS PROBABLE ACTION.
1t appears that the council, in spite of
the pressure brought TO bear against it,
VIII vote to tax the ground
rent lots, IL it can be shown
clearly that they are not constitutionallv
exempt. and it is this question which ia to
be discussed tonight, and further legal ad-
vice may be asked of the corporation at
torney upon doubtful points On the main
question he has already submitted a lengthy
and conclusive opinion (which, if not
modified tonight, and there is no reason to
suppose that it will be- will leave the CITY
council no option in the matter. 1t will be
expected to take such action as will harmo-
nize with the legal advice of the corporation
attorney. For this reason it is claimed that
there viii be clear majority in favor of
assessing the property.