Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-21
BEFORE THREE JUDGES
Date Fixed for Hearing ESQ Appeals
From City Assessments.
FIFTY ATTORNEYS ARE ENGAGED
TO Argue the Cases for the Appealing
Property Holderh
IMPORTANT POINTS TO BE SETTLED

An early hearing In court of the triennial
assessment suits has been arranged for. Yes.
terday the judges Of the three Common
Pleas courts issued an order fixing Wednes-
day, November g. the day after the cleo
tion, for hearing tho arguments and evi-
dence on the appealk There arc 280 sp-
peala It is believed that two weeks, if not
longer, will be required to hear and dispose
of all the cases The court will sit in banc.
with one Judge present from each of the
three Common Pleas cou.tA
Each court has its share of the appeals
Each appeal must be heard separately on
the question of valuation, but on the classi-
fication appeals it is expected that the
courts opinion on one case in given dis
trict will dispose of all in that district.
For instance, on Fifth avenue. in the
Twentieth and Twenty-second wards, there
are probably Is appeals on classification.
If the court decides in one case on Fifth
avenue that it is not rural, but full taxable
property, all the Fifth avenue properties
will be similarly classified.
Great Array Of Legal Talent.
Nearly 80 attorneys have been employed
BY the appellants, including some of the
most prominent members of the bar. It is
expected considerable opposition will be
made by some Of them to hearing in their
cases before the report Of the master in the
equity suit, known as D. D. Bruce's suit, is
returned. City Attorney Moreland, who
secured the consent of the court to Joint
hearing of the appeals, will not agree to
further postponement Last June he noti-
ned the attorneys for the appellants that he
was ready to have their cases decided, but
they all had other business on their hands
and asked for more time Now he will in
sist on going through with the cases to
finish if the court will allow. The City At
torney will have Johns McCleave, who has
been retained by the assessors, and Assistant
City Attorney Carnahan to help him in the
fight
A Guide For the Future.
One OF the advantages expected from hav-
ing the cases heard in all three courts at
once will be definite outline of the rights,
powers and duties of the Board of Assessors
in the matter OF classification to guide them
in the future. Heretofore their classifica-
tions of property have been made under the
law as interpreted by the City Attorney.
Trouble has always arisen over the rural
classification. The law on built-up and ag-
ricultural property is clear and explicit,
but the rural class is rather indefinite, ac-
cording to the city's Interpretation, though
attorneys for the appellants declare it is
clear enough as applied to their individual
cases
They claim that under the law q property
must be closely built up to be assessabie for
the full city taxes. and that in case of res
idence property, with wide lawn in front
and around II, the rural ssi6cation is the
only proper one. The assessors declare, on
the other hand, that the law contemplates
all property enjoying full city advantages
to be classed as full taxable property, and
that much of the property on which appeals
have been made enjoys such advantages.
title it to rural classification, because
most of it will not be built up closely for
% years, and if the argument of the ap-
pellants would hold good now it would hold |
Tor 25 years longer.
Assessors on the Defensive.
When the cases are taken up in court it
IS expected the appellants will furnish |
evidence as to character, location and inn |
orovements to show their property has been |
The assessors will be in a |
position, and only when the
appellants create doubt as to the proprietv |
" the assessors figures will they be called |
IN to prove by evidence that their assess
nents are right. A majority of the 280
appellants have paid all their taxes for the
.ear as assessed to them under protest If
he court grants their appeals they will
lemand rebate, they having paid in order
o secure the per cent discount allowed
or prompt payment.
As to the numerous points raised in the
ill in equity Of Bruce and others, the
ity's attorneys claim they can ali be
'rought up incidentally in the various ap-
zeal cases, the court having power to settle
hem all If this claim holds, the inquiry
n the equity suit now before master will
e superseded and practically fail to the
round. At any rate, if the report of the
,aster should sustain the bill in equity, the
ity will carry the case to the Supreme
,ourt on the objection raised in the city's
nswer to the bill, that court of equity
as no jourisdiction and that the applicants 1
IL have q remedy at law for their COM
laints.