The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-21
In FAVOR OF A TEST CASE.
TIE GROUND RENTERS WANT TO
AVOID COSTLY LITIGATION.

Courts Decide That the Property is
Taxable-Ihe Drift of Talk Among
the People-More Talk of Resigna-
tions from Council
The talk on the streets yesterday was the
ground rent lot question, and the action of
council in ordering the property assessed for
taxation.
The general sentiment was in approval OF
the suggestion Of the MORNING. NEWS that
friendly test case in the courts should be
had in order that expensive litigation may
be avoided by the city and the owners of
the ground rent lots. There we're a few
on both sides opposed to a measure
of this sort, but very few. u has been
suggested that the matter may be adjusted
in time to make the taxes available for the
next budget if the courts decide that the lots
are taxable. This, it is held, can be done by
applying for restraining order to prevent
the city from assessing the lots for taxation
and not delay the litigation by waiting for
some ground-renter to refuse to pay the tax
and then have TO litigate the matter on the
execution.
ALDERMAN WELLS MAY RESIGN.
It is stated by friends of Alderman Wells
that be will resign his seat in council before
his action upon the fact that as he is on the
committee of assessment he cannot con-
scientiously assess or be a party to assessing
the ground rent lots, and therefore he does
not want to be put in the attitude of re-
fusing to do what the council has directed
the assessment committee to do.
Some of the owners of ground rent lots
approved the councils action in the matter,
and one of them said yesterday that he Is
willing to subscribe TO a fund to employ
counsel to assist the corporation attorney TO
contest the matter in the courts If the taxa
ton is resisted.
Some of the ground rent lot owners are
indignant and won't listen TO any talk
about compromise. They think it a great
injustice to pay ground rent and taxes too,
but they are told that they can easily stop
the ground rent by paying up the balance
Of purchase money due the city.
CLAIMS OF SOME GROUND RENTERS.
Some of them claim that they paid big
prices for their lots on account of their ex-
emption from city taxes, and the city ought
to refund them the difference if taxes are
to be assessed. Those who favor taxing the
lots say that in such cases the owners ven
tured with their eyes open, and having
bought from private individuals, the city
has nothing whatever to do with it.
The resolution of Alderman Bailey points
10 al dLI1CdDib DuC IL was AdlQ
on the table, and it may be taken up at the
next meeting, which will be convened on
the call of the mayor
Alderman Falligant in speaking to the
Bailey resolution, introduced a number of
reasons why it is unwise TO attempt COM
promise He thinks that the necessities of
the city require added revenues; that the
lots being taxable, the city has no right to
compromise and that Aldermen voting
fba 0if oil linz
their jurisdiction and right, and ground of
action would personally lie against them
for such damages as may result in such
suits against the city councilmen who in
past years have failed to obey the ordinance
of 1878.
ALDERMAN FALLIGANT'S POSITION.
Alderman Falligant's brief speech on the
Bailey resolution showed that the leader of
the forces has not deserted them in their
hour Of 'surprise.h DR.. Falligant said that
he had hoped that after the emphatic
declaration of the city attorney that under
the requirements Of the constitution and
laws Of the state, the council had no
other choice than to vote for taxing
the so-called ground rent lots, that,
in fact, it had no option in the matter, but
must execute the law, this discussion would
have been avoided. But it was apparent
that the council has to determine whether
to do or whether it will not His course, he
said, has been determined by two reasons
one, that it is right and just to do the
thing; the other, that it is needful TO do it,
ut is we'll known to the members of
council, Alderman Falligant said, 'that the
city must soon have an additional system
of water works. at is equally well known
TO them that we badly need and must have
good system of house drainage. We have
thn1GapHa NJ
provided for in the budget in improving
the fire department, and greater outlay
and increased running expense is yet
before us. Alderman Harmon will
tell you that the commerce OF The city re-
quires more street paving, and Alderman
Bailey will tell you that paving is
of prime necessity to enable the fire engines
now they stall in the sand In attempting to
go. Where is the money to come from for
all these absolutely needed improvements
We have a magnificent new artesian well
near Gwinnett street, and until we can pro-
vide machinery for using the water the vel
must remain a magnificent curiosity"
oUTcRowN ITS CLOTHES.
Savannah, the alderman added, has out
grown its clothes. 1t has struggled along
bearing on its weary shoulders the weigh
of million and a half dollars sunk in tn,
kuiptuk ludW VI Iu6 Atl6uLlc anu JHiI ran
road. With her chest compressed by tn,
panic Of 1873, and her strength totterinI
through the epidemic OF 1876, like widow
weeping In her garments Of distress, she ap
pealed to her creditors % be merciful y
her. And most Of them were mercifuli 81 an
aware he said, THAT some persons hav
said that if this s5O0,O 900 is paid into tn
city treasury the bondholders will claim i
for themselves. have more esteem for tn
bondholders than to believe that they woul,
attempt so harsh and cruel proceeding
They acted nobly before, and the
are not less noble to-day. Besides
this money was never pledged t
them in the principal These balance
were shown as Understanding property
the interest of which would assist in payin
the interest on our bonds. That is all GU
creditors wish. Now. in place of this halt
million Of interest bearing balances W
have, by our growth, and by our actor
put millions of dollars of increase of taxabl
property, the taxes from which double an
treble these ground rent payments. W
have risen from our ashes and we hav
done as nobly by our bondholders as the
did kindly by us. Their bonds have uearl
doubled in value, and their interest is secur
1t is not the policy, it is not TO the intere
OF the bondholders to cripple our growth
What have they to gain by our misery G
lack OF equipment for certain progressN
THE CITY's NEEDS.
60 A short time AGO the alderman on n