New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-25
THE PROPERTY MAY BE SOLD.
powER GIVEN TO THE REGISTRAR OF
ARREARS.
r.srIcE GAYNoR vAcATEs THE TEMPORARY IN
JUNCTION SECURED BY THE BROOKLYN AND
KINGS COUNTY ELEVATED ROADS
OF TAXES.

JUNCTION SECURED BY THE BROOKLYN AND
KINGS COUNTY ELEVATED ROADS
QUESTION OF TAXEs.
The application Of the Brooklyn and Kings County |
Elevated Railroad companies 10 continue tempo /
rary injunction restraining the Registrar OF Arrears
from selling the property Of the companies because |
,hev refuse to pay their taxes, was yesterday |
denied by Justice Gaynor OF the Supreme Court /
The application Of the Brooklyn company is thus |
treated Of:
This railroad corporation brings this action to !
obtain an injunction 10 prevent the Registrar %, OF
Arrears of the city OF Brooklyn from selling rs
for WHEN Of seeks o evade
nent of its share Of taxes for the support OF gov
a4 nd nSa the me IT a ns that
assessors did not together examine fn s faxaton
81 "a enough to say in answer that each assessment
rol Is attested by the affidavit OF two assesDs do
1se property therein set down. The papers before
show the apparent Wnghfs5 o not to con-
traiic this solemn attestation and oatn IVY one nf
sound public policy does not permit pupnc oi ,
Charged with the doing OF duties in lhe Ti,v Of
;Seir acts Assessors act under the law upon q
notice Of hearing to all p ScSore them Their at
:estaton of the assessment ros IN lhe a1i ~ anu i,n
"nesiionabie verify (Barhyte vs.: Shepard, 90 ~ "a
3s Cooley on Taxation, 200 II hey were 1lI pw
20 npeach It by their testimony, no tax !evy, h2 G
ever Exactly and legally cast. would be SAFE but
beyond this, it is clear as mater Si i@St nine
the plaintiffs properly in eS Gid T TScs;,sl the Sec
inns of structure of the plaintiff IN each wan
have not been designated upon the assesTc' s rC
BY ioI ahS oH in the Character Of Brooklyn apps
only to lots. 1t was not INTENDED 10 apiy o ~ in rhe
streets ana the obstacles in the way OF 50 aPpEins
obvious 1t is also e Ggb 'n 10 saw mat that
is not and never was ground for maintaining d"
action like this
NO POWER TO REVIEW ASSESSMENTS
The courts have power to review assessments
for general taxation for alleged Inequality OF eN
cess,yeness except under a writ OF ceruorari DIS
allowed by chapter 269 OF the laws of 1sSV, whicn
satute IS part and parcel of process OF taxation
and TO .be invoked at the time delaware ana n
Co Atkins II * 40 p sct was pa na only
because prior to that time the courts had no pow
in the premises at ALL except sueI co ao writ
of certorar of the record OF the assess1 g PA
seedlings * Tf ps sn ls " s
Thing said in the papers 9eede sey e al ago
BY Judgment upon consent Of certain city oncials
There must be some inaccuSaD1 D or to reduce
taxes upon consent of officials II the power to re-
be open to political favoTitism and greater
official corruption than has yet been t sctua fig
and the merits the claim Of this s nat
especially as 1t is urged that the assessors dd not
duly consider the earnings OF the company IN ma'S
Such NdIOdtl0n Inc twenty MFRS VI 81
total t yalaation Of only sss6SSs5 making tax Of
sS SSSs fo4 s Gef
ns s O5 worth he st snS Of
s2soss5s what is to be said of this total Of s so
this assessed value doubled and put at sSO 90
geo 0or ilusration) or trebled and put al Tvy0 So
tween the actual value and The amount 9i oonns
sderaon in this connection of the earnings Of the
road makes no better case for the company me
i!on it has been carrying an average Of upwaru o
5000 passengers day This enables the gross ro
Sahys 70 report o to the Raroad comssoners in 1898
hs in sgssSR svef tie sIoF cent be-
for operating expenses. including repairs, the re.
R ads The na be sa nni m '
Th net Or 6Sye Saeed upon on the
company's structure VIZ s2aOs ss5 or in round
1 mum Sss s % e o Of
treble the value (viz.. 100000.
NO STORE so FAVORED.
There is no house store or factory property in
Brooklyn favored like this in taxation. To say this
company cannot pay its out Of its net income.
because II IS all consumed in paying interest upon It's
said excessive issue Of bonds is not permissible an
swer II It was 1t has only 10 continue TO Issue
more bonds and never pay any taxes. These bonds
are upon the actual property of the company
alone which 1t says the have excessively
valued less than SO 900 900, but also the valu-
able franchises which have been given 10 It by the
government. For the company to issue bonds on
such franchises the gift of government TO 1t, and
then say the government that II cannot or shall
pay any taxes upon its actual taxable property.
out Of its income upon actual investment, because
It hrst has TO pay interest upon such bonds. Is a
position which cannot be justified either in law in
morals. The excessive issuing OF bonds and sock
by corporations enjoying public franchises naturally
leads to the unjust cutting down by them Of al
natural and Just as Wen as sn me 20
may be paid upon such excessive obligations.
IT'S FIRST DUTY.
The first duty Of this company is TO the govern
nent which gave 1t life and endowed it with valu
able privileges and franchises. If all taxpayers
should follow the example Of this company and re-
fuse 10 pay their taxes government would be
brought TO a downfall l find truth or merit
whatever in the assertion OF the company that its
Overstocked itself thereby to create inflated values
or unearned fortunes. is no reason why its obliga.
property should be made second its obligation to
pay interest such bonds or dividends upon such
stock is no why its share toward the
support Of government should be thrown upon the
other taxpayers. The motion to continue the tenn
porary injunction Is denied and the said Injunction
Regarding the application of the Kings County
Company. he says:
Brooklyn Elevated Railroad Company is applicable
10 this company's case. ! have examined into its
q the other company 1t is pertinent to add that
valuation OF its nine miles OF road total of only
N.ll $50 for taxation although II has issued 49,
Of bonds and S3,550.O00 Of stock. making total of
p2150W0 Its bonds alone average 100000
mile. while the total assessed value OF its whole line
Is only about 81 100000. The company TO labor
under the false notion that It's obligation TO pay in
terest upon this grossly excessive issue OF bonds is
superior It's obligation TO pay It's just share toward
me support OF the government which gave 1t life
and protects it, and makes II permissible for II to
icse to shoulder that share of upon
the other taxpayers. Government which permitted
The like could not in the nature Of things long endure
The motion TO continue the temporary Injunction Is
denied, and the said Injunction Is vacated
DIED ALONE WITH HIS DOG.