New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-27
AFFAIRS IN BROOKLYN.
THE LITCHFIELD CASE.
ARREARS OF TAXES AMOUNTING TO AL
MOST s75OOOo.
HISTORY OF THE FAMOUS SUIT IN WHICH THE
CITY HAS WON A PRELIMINARY VICTORY
ACTION TO SECURE AN INJUNCTION
TO PREVENT THE SALE OF
THE LARGE ESTATE.

TO PREVENT THE SALE OF
THE LARGE ESTATE.
The city OF Brooklyn. through the energetic e.
sorts Of Frederick Hnrchs its Registrar of Arrears
Nth aid from the Corporation Counsels Off ce won
1. victory in the City Court there some months ego
IN the celebrated Litchfeld case when Chief Judge
Clement denied the application OF Edward II. Luch-
sed for an injunction restrain the city from selling
the petitioners large estate valued at several mill
IONS Of dollars. for arrears OF taxes. great deal
Of the property Of the estate Is in the rwen.y-scc-
ond Ward and the amount o. taxes due approx
mates $4,000 although it was about N0G),cD when
M Hinrlchs into Office.
Judge Clement then provided. in consideration OF
The complicated and important questions of law
involved. that the petitioner entitled 10 have
the decision considered by the General Term OF the
City Court, and that the sale might be stayed
Until then. The matter of a stay. however. is one
n which Mr. Hinrchs is deeply interested. and
hangs the question to whether a stay should
be granted pending an appeal for review Of the
case Of the court sitting in banc. AS Judge
Cement signs formal decision or finding prepared
BY the respective counsel In the case. the ouehon
Of an appeal by the Lltchhed interest. and II a
sale for taxes by the city VIII come up. Mr.. Hin
rchs in speaking Of the Litohield case yesterday.
said:
Early in the sos. owing partly to neglect in the
enforcement Of tax payments, arrears lad acou-
mulated 10 an amount IN excess OF $i-,UVO.pO. the
matter Of arrearages still remained liz exceed
.ngly unsatisfactory condition upon the accession
Of Mayor Low. and the result was what IS popu-
larry known the Evarts' law At this time the
arrears were still in excess Of slo,oOo1o.
Under this act the Board of Assessors was au-
thoriz-d. a quasi judicial body. after proper
tee. take up all taxes. assessments and water
rates in imposed before July l. 1882 and TO
levy liens such amounts should be just
and fair in each particular case. The assessors,
acting pursuant 10 the law. certified their several
determinations to this department. Most of their
awar1s resulted in large deductions and many
citizens awaited themselves of tie laws operation
10 clear Their property Of encumbrances.
DISAGREEMENT WITH THE DEPARTMENT.
THE Of the Litchheid parcels, bearing the
bulk of the old arrears. said he had ava-led him
PEI. OF the privileges accorded those N
unier the earlier act o. 1890 Disagreement with
the Department resulted the validity OF ten
der OF one-ffth OF the amour; claimed TO be due
on September 90 1850. Thereafter further ten
Gers attempted. the current take
paid within ninety days after confirmation, as the
act Of 1850 required.
when the Board OF Assessors organized under
Che Evarts law OF 1883. found these parcels
largely burdened w.th the arrears accumulated
for many years Il took them up IN due course,
passed upon them. reduced them IN Amos; ever.
case ana certified its awards TO me Registrar OF
Arrears 81 The autumn Of ~ and carly in the
'Such alrtars have largely rcna.hed uncollee tod.
e holders rsade yc'uH,ayy payments prompt
", but little Wa5 pad BY others unless the tte
which might readily Rave beer collected in 1855. by
sale. allowed 70 stand, drawing y per cent
been IN excess OF The Valuations a difficult si;ua-
Con when buyers at s@!es foF unpaid taxes hardly
THE pTo5ieTna 0, 1870 and 1883 again confronted
she city OF roo ~ ana tns Only s4cuseS go Iot
the owners OF ;he ltchned parcels in:.ma ted that
the laws const.tutonaiity. question the validity
OF the taxes and assessment; considered by The
transferred by the Department under the law o:
PERMITTED TO GROW.
Then" continued Mr.. H.nrchs. the great city
o. Brooklyn. apparently terrified i!rn.d.y waited,
and permitted the disputed ard undlspu,ed rens
TO grow and again exceed in many cases the
present valuations Of the property. Upon assuming
Office. determined tina; would not 'et the matter
rest but resolved to push il 10 de;lnite con
suSon On ne gay beoae Sr5 On c aso
fel OF the owners, finally Threatening 10 sell the
properly on 1prl Il q ina! year AFTER e.v.3o the
irjun tons IN : < SUITS II cquity ~ no MEG
sni HE ASSISTANT, Henry Yonge. opposed for To
ely motions 10 continue the inj1nctons. The r.
savine Thai the taxes Should be pas
Il again Threatened TO sell TIE city vas again
irought"in the city Court this tine. Again he
Court expressed itself n substantial. accord with
the citys contention but continucd the Injunction
until lie trial before judge Clement i was con,
eoned howeyer ina: .Dc snG9d a 99 P1a o.
puied. That sum vas % q. q; o..o, ,oa,
o, sllCcg7 3. the largest payments o. taxes
ever made In brooklyn: ana the tax Interests IN
thar on - any sInaiar case Of which / have heard
Before this compelled payment WIS made. tne ar
most eoualling al the arrears upon rea estate
owned by all other citizens of the city OF Brooklyn
eombinedi
WHAT 1T REPRESENTED
about $4,000 Of this represented undisputed
taxes in arrears and Accommodations. The payment
az ,hesa un6,srted taxes was not enforced by sale
beca Use such sale practically enjo!ned by the
city charter which forbids sales for subsequent
taxes and assessments until all money under the
lection was in the charter itse.f. 1t would have
been unjust to the city and other taxpayers 10
snS q. s "a as tbey can be settled they will be.
Since then the principal two actions have been
cse gusge Cement Of the city Court sitting at
Special Term. Last August he handed down his
oh exe n '1T a IN involving not
than 5000 Of % arrears the 5ogs nas ppe
psred bv the respective counsel. and Judgment VIII
hG be T SS S aue city viii then he
The civ has submitted brief decision 10Y me
Judge to sn while the Lighted people nave suD
pending an appeal by Ltchfeld is an Interesting
feature" ~. v.,xo ., ui
use every means to Impress the Court YIN me con
tention mat the property should DC SOFA anu tas
.Snra ' 90. .r be No riehtSll stay IT view OF the
rnaenitude o. the SUM involved the Judgment soon
70 be entered IS OF great ", IT. yss;e,dsy
not entered such decision YESTERDAY
LARGE INCREASE IN BRIDGE RECEifi''
Mondays receipts on the Bridge were A4i''
against 1876 the same day last year Inc average
day brings in only about $500 At the preVa'hne
rate OF two tickets for cents this wou'd mean II"
increase Of $40 passengers over s Over an
average day. -. ,-ao, d.ecor fort