New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-26

instance the Judge Field idea 1t seems ~, 10
me. prevailed over that of Judge Bradley. The
General Term Judges Of this district Mayhaiii
Herrick and Putnam, in December last gave &c
cison in favor of the State in the test suit OF me
Pittsburg. Dunkrk and Allegheny Valley Rail
road Company affirming the right OF Contoiei
Campbell TO tax the Interstate business OF that
railroad The courts OF this State and the United
States Supreme Court thus agree as to the con-
stitutionaliy OF taxing the interstate business Oh
the railroads of this State"
1t would appear that Controller Campbell, with
a complete knowledge fsrIiearly two years OF the
decision of the United states Supreme Court ana
also with full Knowledge of the circumstance
that the courts Of this state were then consider
ing the test case mentioned continued the policy
Of his predecessors. Chaplin and Wenple. or grant
ing rebates the railroad corporations. The ar
gument on the test case was made in September
before the General Term of this judicial district
yet just before the November election, IL Is sild
Mr.. Campbell RENTED $4,000 in taxes TO various
railroad corporate
TRYING TO RECOVER $4,000 FOR THE STATE.
Controller Roberts is determined to recover this
$4,000 if possible. At his request. Attorney
General Hancock went before Judge Vann, Of the
Supreme Court at Syracuse yesterday, and APP
piled for writ of certiorari to review certain
proceedings taken by Controller Campbell. where
by taxes to the amount Of sS7,727 in favor Of the
New-York Central were cancelled. Attorney
General Hancock stated TO the Court that ne
made the application upon petition which gave
the fact that ex-Controller Campbell. without
notification to the State its officials or the
Attorney General. just before his term OF Office
expired, cancelled taxes paid TO the amount OF
$S7727. Mr. Hancock alleges that this was en-
tirely Irregular. and the State had the oppor-
tunity to oppose the cancellation This petition
was backed by the affidavit Of Charles f.. killner.
who was chief corporation tax clerk in the office
at the time. and the affidavit of the Attorney
General The affidavit of Mr.. Kilmer was to
the effect that the taxes We're for the years
1885 to 1890. He asserts that the revision and
resettlement Of the accounts were in entire dis
regard Of the rules established In the Controllers
office at that time.
Attorney General Hancock alleges that by this
cancellation an injustice has been done the State
lie makes the assertion that the revision was
done without sufficient legal or competent evl-
,tience being submitted 10 the Controller who
made said revision and resett1ement OF the truth
OF the allegations or statements contained in
the petition that 1t excluded the value Of certain
railroad bonds, freight cars and other properly
owned by the New-York. Central as capital al
legged not to be employed. within the State OF
New-York whereas the petitioner is informed
and believes they constituted capital according
TO the law and facts employed within the State
The papers also declared that the petition upon
which the cancellation was made was not prop
erly verified.
Justice vann signed the order. saying that he
was forced to grant 1t upon the application
of the Attorney General 1t would therefore APP
near that Controller Campbells action will be
Investigated thoroughly by the courts of this
State.