Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-23
TAKEN BY SURPRISE.
Board of Assessors Promised q Vigor-
GUS Fight for Existence.
FIRST HEARING IN BRUCE's SUIT.
TO Determine the Legality Of Acts Per-
formed by the Board.
A HUNDRED PLAINTIFFS IN THE CASE

The most important law suit in which the
city of Pittsburg has been defendant since
the Supreme Court with one stroke knocked
out her street Improvement laws, had its
first hearing before Master yesterday. 1t
was what is known as the Bruce equity suit,
brought by Paul Hacke, James Mckay,
Charles Clarke, A. M. and j. B. Murdoch,
j. M. Shields. Mary Murtland and a hun
dred other plaintiffs to determine the right
to exist, the right to act and the legality of
the acts done by the Board of Assessors.
The hearing was held in the Office of At
torney James s. Young, who was recently
appointed a Master to take testimony in the
case. Attorneys D. D. Bruce, George
Shiras, Jr., c. c. Dickey, w. X. Jennings
and W. B. Negley represent the legal
force of the plaintiffs, Messrs. Bruce,
Dickey and Jennings being on hand yester-
day. Most of the afternoon was taken up
in getting ready, the only witness examined
being Phillip Hoerr, a member of the
Board of Assessors. The witness could
give comparatively little detailed informa-
tion as to the making up of the last trien-
nial assessment, because he was laid up sick
during most of the time it was being made.
A Vigorous Fight Suggested.
The questions fred at the witness showed
determination on the part OF plaintiffs
counsel to follow up closely all the points
made in their bill of complaint Mr..
Hoerr complained of feeling unwell after
being on the stand for half an hour and the
hearing was adjourned until Wednesday of
next week.
1t is evident that the assessors have b,en
taken by surprise at the vigorous manner in
which the attorneys of the other side have
started out to win their case. In their bill
filed on May II, the plaintiffs made num-
Der of serious allegations and demands, and
it is evident they intend to fight for every
thing included in their complaint
The claim Is set up that the existence Of a
Board of Assessors conflicts with the State
Constitution and that therefore the assess
ments against the plaintiffs being illegally
made by q body which has no authority to
levy taxes or perform any municipal tunc-
tion, the whole assessment should be set
aside. If the assessments of these hundred
odd plaintiffs are nullified by the Court, it
will mean a confusing mess in the whole
years city finances. But if the claim of il.
legal existence is not allowed the plaintiffs
claim relief in other directions.
Charge Noncompliance With the Law.
They offer to prove that the assessors,
even under their alleged powers, have not
complied with the law which created them.
1t is claimed that fictitious, illegal and ex-
cessive values were placed on all property
in order to give those manipulating city
finances to secure large revenues for use in
making extravagant improvements, and
that in making up their assessment the
board prepared their books without first
waiting until the county's ward as
SCISSORS had submitted their report, from
which the law requires the city assessment
must be made.
All acts of the assessors in connection
with these points are held to have been
illegal, and therefore if the Court decides
the board legal body the last triennial as
sessment was still illegal, and the city's
officers should be restrained from collecting
taxes under it. The attorneys for plaintiffs
are following up all these points closely,
judging from yesterdays proceedings, and
they are confident that, although the
Masters hearing will be long drawn out
and tedious affair, they will win in the end.
The assessors, ON the other hand, are
equally confident. They say their right of
existence has already been practically de-
cIded by the Supreme Court, and that the
complained Of was fairly, legally
and properly made.