Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-07-26
FIGHTING SINGLE TAX
The Application for Mandamus on
the Hyattsville Commissioner.
BURNING OF A Big BISCUIT FACTORY.
Scene of the Great Fire at Bay
City, Mich.
WHAT MIR. CLEVELAND SAYS.
THE FIGHT AGAINST SINGLE TAX.
Hearing the Application for Mandamus ON
the Hyattsville Commissioners.
WHAT MIR. CLEVELAND SAYS.
THE FIGHT AGAINST SINGLE TAX.

THE FIGHT AGAINST SINGLE TAX.
Hearing the Application for Mandamus on
the Hyattsville Commissioners.
Special Dispatch to The Evening Star.
MARLBORO, Nd, July 26.-The fayetteville
single tax fight was transferred from Hyatts-
vile to Marlboro this morning, when the ma
jority Of the town commissioners appeared be-
fore Judge ]. B. Brooke in the circuit court Of
Prince Georges county and file their answer to
the rule issued against them upon the petition Of
Charles A. Wells. Louis d. Wine and others Of
Hyattsville, who prayed that writ
Of mandamus might issue against the commits
sioners compelling them to correct their assess
ment by restoring the assessment on improve
ments on the lands in said town, and to COM
plete said assessment by an assessment of the
personal property in said town. The relators
were represented by L. W. Habercom, R Ford
Combs and Marion Duckett, and the respond
ents by Charles H. Stanley and NJ. H. Lever
son.
THE COMMISSIONERS ANSWER.
The answer Of the commissioners states that:
l. II il true that, as alleged in said petition.
that by an act Of the Legislature Of Maryland
the village of Hyattsville became incorporated,
in the said petition Is mentioned, and the
said corporal ION was invested with certain COR
porate Legislative judicial and executive powers,
which said legislative powers were vested In five
commissioners, elected by the lawful voters Of
said town, in manner aforesaid as by law pro-
vided. 1. is also true that said act was amended
by act of assembly 1890. chapter 355, as In the
said petition is alleged, and the respondents al
lege that J. Fl. Ralston, president Of the said
board Of commissioners, was q member Of the
board Of commissioners which was elected in
May, 1880, and Henry A. Drury, one Of the
REALTORS herein was also at the same time elected
a member of such board. The above mentioned
acts were further amended by the act OF assem-
bly, 1892, but the purport and effect OF the said
last mentioned act is not truly set forth BY the
REALTORS In their said petition as In reference to
the said acts. By this act it will fully appear in
reference thereto that no power is given to the
assessors to assess personal property.
2. That commissioners elected at divers times
BY the lawful voters of the town Of Hyattsville,
before the respondents entered upon their
present term of such Office. under and by virtue
Of the Legislative powers vested in them and for
the purpose Of promoting industry and thrift
among said lawful voters and among all other
taxpayers in said town, and with the consent
and approval of the relator, Henry A. Drury,
during all the time that he was a member Of
said board, did from time to time by ordinances
duly passed and with q political view for the
government and benefit of the community,
exempt from taxation all personal property
within said town, which exemptions have enured
TO the great benefit of said town and to the
lnnaDltant5 tnertOl-tue CROWN VI ealu SIilhBe.
g. alleged by petitioners, being largely attrib-
utable thereto. The answer AYERS that all
notices required to be given by law were duly
given, and that for the purpose Of promoting
Industry and thrift and encouraging manu-
features and improvements on June 30 they
passed the following ordinances:
Resolved. That with political view for the
government and benefit of the community we
deduct and except from the assessments made
by the assessors all improvements therein as
sessed, and levy tax upon all property remain
ing and embraced therein, after such deduc-
ton and exception, Of twenty-five cents on
the one hundred dollars Of the valua-
ton thereof. That this ordinance was
passed in substantially the same man
ner ~ the deduction of personal property
agreed to by the relator, Henry A. Drury, and
Immediately thereafter the assessment roll and
warrant for collection Of taxes we're delivered
to the town treasurer, and are not now within
the custody or control Of the Respondents. That
the levy already made. with other amounts re-
eeiyable, Will yield the sum of 81 $50, Gas
more than last year and sufficient amount for
the current year, unless the expenses Of fhe
town should be unduly increased by the conduct
of the REALTORS. That the respondents are by
law vested with determination Of the amount
sufficient for town purposes. That the re-
spondents aver. on information and be-
lief, that majority Of the taxpayers
f said town approve Of their act.
That the respondents are vested with
the discretion as to what property should remain
on the assessment roll, and having exercised
their discretion mandsmus will not lie to con-
troll them. They deny that any citizen OF
HyattsvilIe will suffer any injury by reason OF
the collection of taxes under the ordinance,
but aver that the act complained Of lessons the
burden Of taxation on every one who owns i'm
proved real estate who has increased by in
dustry and thrift the wealth Of said town, and
that the petitioners are seeking to compel the
respondents to burden property owners with
unnecessary taxation and ask to have petition
dismissed with costs.
After the answer had been read Mr.. Duckett
for the petitioners, entered a general demurrer
and the matter in dispute having thereby been
brought squarely before the court the court
stated that he would allow an hour and one
half on each side for arguments, petitioners to
open and close.
Mr.. Habercom thereupou opened for the
petitioners, stating that the question before the
court was remarkable in two respects in this
that the petitioners occupied the position of
asking that their taxes be increased and in the
fnct that the commissioners were endeavoring
to break down and override long established
rules OF taxation against the laws Of the stats
and in furtherance Of the ideas Of Henry
George. from whose book counsel read
| at length. Six years ago the present president
of the board had secured the enactment by the
state legislature Of a law under which, by the
direction Of Mr.. Ralston the board had fastened
the dastardly scheme Of single tax. He de-
clared the statement in the respondents answer
that the board had given the people fifteen
DAYS notice TO be the merest subterfuge and
false and had the people really known the
boards intention they would have driven it,
members out Of town. and perhaps have tarred
and feathered them. The amendments had
been very cunningly drawn by the gentleman
but he had not gone far enough, for the Law Of
the state permitted no such exemption as had
been attempted by the board.
The real object of the board was to hrst try
the scheme Of single tax upon the people o.
Hyatts7ille- nothing less and nothing more.
1 Mr.. r. Ford Combs followed for the peti
TONERS, eorAning himself 70 a discussion OF the
| legal aspect Of the question.