Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-05-13
An Increase in the Present
Levy Likely if Litigants
Win Their Suits.
CHAOS IN CITY FINANCES
By the Abolition of the Board of
Assessors and Their Work.
ALL IMPROVEMENTS WOULD STOP.
Large Property Holders File Far-Reach-
ing Bill in Equity.
VALUATIONS DECLARED EXCESSIVE

A step that has been feared for severa
months by some of the city's more conserva
tive officials, was taken yesterday by mum
Der of property holders who recently ap
pealed to court against the assessments o
the city's Board of Assessors. 1t was in tn
shape of bill in equity, filed in Common
Please Court No 1, and if all the claims il
it are granted it will produce chaos from
one end of the city to the other, and from
which e1trication will be next to impossibl,
for months to come. The plaintiffs ask, in
word, that the whole triennial assessment
upon which the present years tax rate il
based. be annulled and set aside, and tn a
the present years taxes be collected on the
assessment made by the ward assessors.
The first effect of such a ruling by the
Court would be to stop the collection Of
taxes, stop work on city improvements, and
eventually to compel either new tax levy
at a much higher rate than the present one,
or the abandonment of many Of the costly
and much needed general Improvements
proposed for this year.
Afraid of Serious Results
When the triennial assessment was first
announced and the objections from all quar-
tiers came in thick and fast, few of those
interested in the welfare of the city govern
ment expressed fear that it might result in
a complete overthrow of the assessment if
anyone should take the necessary steps to
that end. Subsequently, the assessors had
a conference with large delegation of at
torneys representing the dissatisfied prop
erty owners, and it was generally but erron-
eously supposed that some plan bad been
arranged by which the appeals that had
been filed in court would be settled. As
the first complaints were simply filed in the
form of appeals it was thought the present
dangerous proceeding would not be at
tempted. Now that it has come, the gen.
eral belief is that serious results will fol-
low.
The prominence and standing of those con-
nected with this suit are evidence of its
earnestness. The attorneys for the plain
tiffs are d. D. Bruce, George Shiras, Jr., C.
c. Dickey, W. X Jennings and w. B. Neg
ley. The plaintiffs are Paul H Hacke,
James Mckay, Charles j. Clarke, Mary B.
11urtland, Rev. L S. Hartley and wife,
Frances NJ. White, Agnes G. White,
Georgiana White, Joseph T. White, and L.
S. Hartley, William White and Joseph
Rafferty,, trustees of Jane NJ Ward; Alex
ander Murdoch, j. r Murdoch and j. NJ
Shields, for themselves and such other own
ers of real estate and taxpayers of Pittsburg
as may see fit to Join with them. The de-
PENDANTS are the city of Pittsburg, j. f.
Denniston, Treasurer; E. S. Morrow, Con-
troller; W. Il. Ford, Delinquent Tax Col
lector, and Frank P. Case, j. J. Larkin and
Philip Hoerr Assessors.
Take Exception to the Assessment.
The plaintiffs, after describing the prop
erty owned by them in various wards in the
city, recite the triennial assessment made
by the Assessors under the act of May 5,
1876, under which it is the duty of the
Board of Assessors to take as basis of as
sessment the duplicates of the assessments
of the various wards as furnished to them
by the County Commissioners, the said
duplicates being the assessments made by
the ward assessors. 1t is the duty of the
Assessors, it is alleged, to simply revise,
the duplicates of the Board of Assessors, if
any errors or inequalities are found therein
by the board on examination.
The board, it is charged, in making the
triennIal assessment in violation of the act,
made it without having had copies of the
ward duplicates furnished them, or having
made any revision or equalization or exami-
nation, as required by law. A primary as
sessment was made, it is further charged,
and in violation of the law, OF
all the real estate in the CITY before any
ward duplicates were returned by the ward
and that any attempted revision
or equalization in the triennial assessment
was made solely upon the said primary as
sessment, which differed from, and was
largely in excess of, that made by the ward |
atterward made. |
Declare the Assessment is Unequal |
Under the third section of the act of 1876 |
it is the duty of the assessors to make a re- |
turn to Councils in January of each year of |
the total value of the real estate and tax
able property in the city with specifications
Of classification built up, rural or agricult- |
ural property, including untillable land |
In February the board made return and |
certified to the total value though at that
time they had made no revision of the
ward duplicates and had made no cIassifca-
ton. The classification, it is charged, made
after the return TO Councils, was contrary
20 the act OF 1876, arbitrary and unjust and
-esults in unequal taxation of the real
state. Continuing, the bill recites that
lfter the mlllage of - mills was levied, the
assessors, without authority of law, issued
eipts or generations to many taxpayers,
mounting in all to over $50 600, which re-
eipts were accepted by the Treasurer and
redit given to the taxpayers on their taxes
or 1892.
1t is charged that the assessment is not
IONA fde, but made at an excessive valua-
ion and above the proper values for taxa
ion purposes; far in excess of values as
hown by the ward duplicate with intent to
wade the constitutional limit fixed for the
of cities of this State, and to
nable those who have charge of the e1pen-
Iture of the city's money to, o,Qake extrava-
ant and uncalled for expenditures
Says the Board Is Illegal.
The Board of Assessors, it is next
harged, has no valid and legal existence
or the reason that the act of May 5, 1876,
reating the board conflicts with section 20,
rticle of the Constitution, which pro-
ibits the General Assembly from ''dele-
ating to any special commission any power
o levy taxes or perform any municipal
unction whatever"
In conclusion, it is asked that the Court
ct aside the assessments as void and il
egal because not made in compliance with
he law and because the Board of Assessors
ave no authority to levy taxes or perform
ny municipal functions; also, that the city
fficials be restrained from collecting taxes
r filing liens, or allowing generations, and
hat the assessments on the plaintiffs prop
rites be fixed at the values returned hy the |
ard assessors and the CITY officers di-
ected to give them receipts in full for. this
ears taxes on payments of amounts de-
ermined BY the millage on those valpa-
ons.
The assessors had not been notified of the