New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-22

ELEVATED RAIL ROAD COMPANIES ALLEGE
UNFAIR VALUATION.

THEY WANT A PERMANENT INJUNCTION RE-
sTRATNING THE CITY FROM DIsPosING OF
THE PROPERTY BECAUSE OF UNPAID
TAXEs-EFFECT OF TROLLEY
CARS on THEIR PROFITS.
Justice Gaynor. OF the Supreme Court, yesterday
afternoon heard long argument on the Application
OF the Kings County and Brooklyn Elevated Rail-
road companies for injunction permanently re-
strainng the city of Brooklyn from selling their
property for the non-payment of taxes Of the year
1893. amounting to about 100000 in the case OF the
Brooklyn Company, and $4,000 In that u the
Kings County. VI. l.. Towns argued on pehaii OF
the latter company. alleging that the board OF AS
SCISSORS had acted fairly or properly in assess
ing the taxable valuation of the roads. They had
no; acted Jointly and some had figured on the
value Of the sIperstructure. some on the e"'"'"e
capacity OF the roads. and some on the suPposed
value OF the compaHy's franchises oniy one '."S'e
member of the Board. Mr.. Towns SAD hau 'o"e
to his conclusion In a proper way by figuring on '"e
earning capacity and the value OF tie supersuuc-
ture.
Another objection made was that the asSe~'o''
had not fixed the valuation by wards. DOCKS or o.S
Then counsel said that after granting the paih'"s
their franchises the city had violated It's coh'rac'
by allowing surface roads to become virtuahy
means OF rapid transit by the introduction OF eec-
trciiy as a motive power under a speed limit OF ten
miles an hour. Mr.. Towns declared tnat '"'s
change on the surface roads had reduced the earn
ing capacity Of the elevated roads by one-ha' me
plaintiff companies had invested thousands OF uo'-
lars In their systems under the agreement '"aue W
the city through the charter granted. II was an
abr!dgment OF tina; agreement. counsel sau' oi '"e
city aftcrwarl to afford other companies the i'ea"s
OF becoming such formidable rivals over tAe same
routes.
William II C,rn addressed himself to the law In
yolyed appearing as counsel for the brooklyn
Elevated Road Assistant Corporation 'ounse'
Yongc representing the city, replied ATTACKING "'
the outset the papers upon which the companies
moved. He referred to the two prior SUITS o'o"s''
to restrain tie sale by the city. and also 10 the
examination OF the assessors valuation secured %
cohn before a referee Mr.. Yonge declared that
the legal steps ard bubbles taken by the COM
panies were for the sole purpose OF haTassihs ,he
city In the hope OF forcing some COMPROMISE. Inc
assessors counsel said. had done everything pos
sible TO come to fair valuation for taxation Inc
mileage OF the roads In the various wards nad peeh
secured bv the assessors from the rniiroad com
panics themselves From what was before the
court It shown plainly that tnere was notm.ne
ton power Of the court. The elevated struv.u,e s
that irjun lion was not the proper f'meqy o, was
thrcatei.-I with sale for arrearages OF taxes the
remedy was TO pay the tax and then sue to recover
the money paid. counsel alleged tnat under tns
law the company should have demanded a review
Of the assessment in 1893. when levied Mr. ionge
declared there was never any asreeneht S,te
was 10 holl a monopoly OF IN. rapid transit on the
streets Of the city OF brooklyn Such "A suggestoh
was absurl on It's face. In conclusion. Mr.. fonge
said the whole matter one within the discretion
OF the court The companies had waited for two
wears before coming into court. and had failed TO
avail themselves OF their right OF certorart or the
real point at issue. fair and just valuation for
assessment. the city had acted more than fairy.
In 80; the bonded Indebtedness OF the companies
was si3soOg0. The cost Of constructing the roais
was 81 go S26rrOco Yet the companies now
70 eyagS " d a"1 one or al her
nal princpes-to give as little and get as much as
possible 49,.
Mr. COIN responded by saying that he had not
Intended mentioning the previous actions. but as
counsel FOR the city had III 10 refer to them ne
would take the liberty Of explaining Actions were
begun but discontinued The gross inequality
Of The tax had been recognized by the city oficials
I'm 1884, and 81 suggested that the matter be
dropped and the parties get together ana Try TO NIX
A proper ard fair valuation. But IL was decided
finally that FOR various pubic reasons II would not
De- well 20 come 10 such agreement so the ac-
lions were discontinued and the present ones IN
fiiiuted. - J.,
Judge Gaynor said he would receive tho papers In
ne cas OF