New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-20
TRUSTEES WIN A POINT.
rARRYrowN TAXPAYERS NOT ENTITLED
TO AN INJUNCTION.
DECISION RESERVED ON THE LEGALITY OF THE
ROLL OVER WHICH THE FIGHT IS BEING
MApE-rHE CASE BEFORE SUPREME
COURT JUSTICE pYKMAN.

MADE-rHE CASE BEFORE SUPREME
COURT JUSTICE pYKMAN
In the Westchester Supreme Court before Jus
tce Dykman yesterday the trouble over the assess
men, roll of the village Of Tarrytown came up In
the form Of application for an Injunction which,
II granted would overturn the assessment roll as
made out by the Trustees, and compel the making
I'D Of new one. The application for the injunction
was made by John T. Terry. John T. Terry IT,
Maria II. Crane. John d. Archbold, william H.
Bull. Augustus G. Cobb. cambridge s. Clark, FRANK
r. Pierson Ellen j. Banker. John c. Barron Joseph
Eastman and Robert E. Hopkins against Townsend
" Roe William ]. Odell and George W. Merritt
as Trustees claiming to be assessors OF the village
of Tarrytown. and Charles Goss. president anu
Charles Vanderbilt and Edward S. Yocum. trustees
Of the village
The petitioners were represented by Henry Z.
Griffin and Frank " Willard. W. II. H. ELY ana
Howard H. Morse appearing for tho village authori-
ties
In opposition to the motion. Mr.. ELY argued .ha'
the proper course to have been taken py the TAX
payers believing themselves TO nave peeh inJ"i.u
nv the assessment roll was by ceriorari; that the
fact that there was invalid assessment upon inc
ro,, did not nvalidate the whole roll: He presented
figure. TO show that in large number OF instances
the taxpayers of the village would not pa! as idi &c
sums this year. II tine amount OF taxes is the same
"a they did last year. owing TO the increaseu a"o"
Of personal property placed upon the roll Inc ra'e
last year was 81 Is on 500: II the amount OF tax
raised this year is the same. the rate Will De 10
cents on 800 He claimed that some OF the pe'i'ioh
org were non residents AS to the legality OF the
roll because 1t had not been made by the full BOARD
of Trustees Mr. Ely said that the law authorized
the Trustees, or a majority OF them. to act as as
SCISSORS and did not recognize the president as one
of snch Trustees Mr. Morse made strong arBu-
men in upholdng the validity or me ro as '''u'
ont nv the Trustees, majority OF theI
n {, Griffin in behalf of the petitioners, aIeueu
that the assessment roll was Invalid from us III
ception because 1t had not been made OUT by tne
BOARD of Trustees a majority OF them, a Term ERIN
which he asserted. included the president as wen
as the members He also urged the re)ect0n OF h be
assessment roll as a whole, upon the GROUND Una.
it contained $5OOOOO Of assessments that were not
valid 40, a.;.r hofors hin, wa
whether a legal majority of the Board OF lIus.eee
NJ The village of Tarrytown made OUT the aseeSs
went roll complained OF, whether II was mace out
nv three OF the members without proper autnorlt!
beinp delegated 10 them. He also ruled that no as
sess6ent on tax roll could be set aside by inlunc
zion Upon the question as TO the ieganty Oh inc
roll he reserved his decision. directlne
counsel TO submit briefs on TUESDAY, partcuiarIN
reomest,nS certified copy of the resolution OF the
Hoard Of Trustees authorizing the making OUT OF
the roll by a committee composed OF all nVe OF inc
Trustees.