The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-22
THE COUNCIL SAYS NO.
1T WILL NOT ACCEPT THE GROUND
RENTERS PROPOSITIONS.

CrOss-queStiontng by the GROUND
Renters and the City Assessors The
Way the Matter Stands.
The city council, sitting as q committee
of the whole yesterday afternoon. refused
to grant the petition Of the ground renters,
submitted through their attorney. J. R.
Saussy, Esq, several weeks ago. The full
text of the petition, together with the re-
ply Of City Attorney Adams, was published
in the MORNING NEWS last week.
The substance of the petition was that the
city agree to accept the taxes, together
with the costs of execution. etc.. from the
ground renters under protest pending the
final adjudication Of the case, that the
amount Of purchase monsy due the city on
the lots be taken off iu the assessment,
and the ground renters be allowed the usual
10 per cent. reduction for prompt payment
within time specified by council.
Mr.. Ssussy and several prominent ground
renters were present at the meeting. The
attorney made an argument of about fifteen
minutes duration for his clients, but it went
for naught. He said it had been the inten-
ton Of the city to have the case 60 to the
courts for final settlement and the ground
renters are actuated by the same purpose.
The supreme court Of the United States is
the court Of last resort and the case will be
taken there.
CASE CITED.
Mr.. Saussy referred to the case Of the rail-
roads to show that the adverse decision OF
the state courts didn't by any means settle
cases of the natuEe OF that OF
the ground renters. In that in-
stance the state made contract
with the roads exempting them from tax
alton, but after the adoption OF the consti-
tuition of 1877, held that they were subject
to tax. The roads carried the case into the
state courts, and both tho superior and
supreme courts decided against them in
favor of the state. They refused to accept
these decisions as final, and carried the case
to the United States supreme court. which
gave an adverse decision and held that the
state couldn't break contract.
Mr.. Saussy claimed the ground renters
had made fair proposition to the city to
pay the taxes under protest. They have
their legal rights in the matter, he said,
but would rather have an amicable agree
ment. II the council would adopt a reso-
luton allowing them TO pay under protest,
until the court of final resort makes a deci
sion. he argued that nothing would be lost.
NO RIGHTS WAIVED.
Neither the city nor the ground renters
would waive any rights. If tho decision
should be adverse to the city all
it would have to do would be
to pay back what had been
illegally collected. Anything Illegally paid
under compuslon can be recovered, while
that paid voluntarily cannot.
Mr.. Saussy called attention to the fact
that the assessors made assessments on the
lots on the same basis as if they were simple
lots, without taking into consideration the
fact that the market value Of such property
would be reduced at a sale to just such an
amount as there is purchase money due the
city. He quoted the supreme court decision,
which, while adverse to the ground renters,
practically said that such incumbrance
should be considered In assessing valua-
ton. Mr.. Saussy said he understood that
the assessors we're acting under instructions
in making such assessments.
WANTED HIS AUTHORITY.
At the conclusion of Mr. Saussy's argu-
ment Alderman Myers chairman of the
finance committee, asked for his authority
for the statement that the assessors had
been instructed not to consider the balance
of purchase money due the city in making
assessments
Assessor Rowland, who was present, said
from the assessment committee or the city
attorney.
City Attorney Adams denied ever giving
any such Instructions and Mayor Mellon
ough, who was chairman OF the assessment
committee When the ordinance ordering the
taxing CT ground rent lots was passed, said
he had never given instructions of that
character.
Assessor Daniels said that under the
% Aol hv-fh o
they couldn't consider questions of incums
brance in making the assessment
The ground renters, MIR. Saussy said,
were not raising any technicality about the
assessment. for he beloved the TECHNICAL
ties would be against them for not having
made the point within the time allowed by
law to appeal, but the reason no question
had been raised against the assessment was
that had they taken that step at that
time it would have been an acknowledge
ment that the city had right to levy the
tax, which was exactly what the ground
renters are contesting. Now matters are
different. The case has gone through the
state courts and resulted in an adverse
decisio.. to the property holders, and the
city was proceeding 20 levy the tax accord
ing to the assessment made during that
time.
THE ERROR ACKNOWLEDGED.
But the error had been made, said Mr..
Saussy, and he didn't think it right for the
council, with all these facts before it, to say
that the people should suffer for an error
of the assessors, I'VE will tax you alive
can"
Alderman Carson asked Assessor Row
land if, while assessing piece of property
he should find that the owner had mort
| gagged it the fact of that mortgage would
in any way affect his market value of the
property.
Mr.. Rowland replied that it would not
| and Alderman Carson said that he con-
sidered the balance of purchase money due
the city on ground rent property aud q
mortgage practically one aud the same
| thing.
This brought Capt D. G. Purse, one OF
the ground renters present. TO his feet with
the statement that he thought the question
was an unfair one and not understood by
Mr.. Rowland. He asked permission to put
a question to the assessor, and it was
| granted.
CAPT. PURSES QUESTION.
He asked Mr.. Ro Wand if had he know the
amount of purchase money due the city on
the lots, and had not been otherwise re-
| stricted, would ne not have taken 10 into
consideration and reduced the assessment
accord ngly.
| Mr.. Rowland replied that he most GER
tainly would have done so.
| Alderman Myers wanted the matter left
10 the assessment committee before passing
any ordinance allowing d reassessment or
additional time for appeal He believed
| there were few cases of excessive taxation.
Alderman Bailey didn't want any such
burden placed on the assessment committee,
but favored the passage Of an ordinance