The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-14
TO LAST RESORT.
Cycle Case Will Be
Fought To the
Bitter End.
L. A. W. SUES CITY.
Papers in Grady Taxation
Case to Be Served
at Once.
Papers in Grady Taxation


papers for the suit of Charles j. Grady
against the city of Worcester will pc
served on the proper officials by a dep
uty sheriff, acting under the direction
of Elwood w. Goodell. The latter le-
ceived yesterday letter from Lafay-
cite G. Blair, counsel for the Massa-
chusetts division of the League of
American Wheelmen, instructing him
to bring suit against the city of Wor-
| cester in behalf of Charles J. Grady for
alleged false taxation of a bicycle. Mr..
Gooden will have the papers served to-
day if he can find time to enter the
suit; if not, they will be served before
tomorrow noon.
The papers will be served on City
| Treasurer Fred w. White and either
| City Clerk Enoch H. Towne or Mayor
Rufus b. Dodge, Jr. The statutes pro-
vide that they shall be served on the
| city treasurer and one of the other Of
| ticers the mayor or city clerk.
The ad damnum of the writ will be
| $500. and the case will be returnabis in
| the central district court By the stat
utes at least 30 days must elapse be-
fore return day, as one of the parties
is municipal corporation.
The amount involved in the suit is 81
cents. While the plaintiff in the suit
| is Charles ] Grady, the real plaintiff
| is the League of American Wheelm2n,
which has taken up the case to protect
it's members against what it claims Is
! false taxation. Mr.. Grady was select
ed by the league because his case just
! fitted the opportunity it desired. The
| claim of the plaintiff is that the as
! SCISSORS of Worcester had no legal right
to value his bicycle at $780, and tax him
on that valuation His claim is that
the bicycle is worth less than $40.
| The suit is simply a tesS case to in
| sure members of the league their
rights. The officials of the Massachu-
sets division have had an eye on Wor-
/ cester for many months on account Of
| the representations of members in thus
city, that they were being taxed too
much for their wheels.~ The practlCe
of the board of assessors of Worcester
has been to place a value of $50 on
| every wheel regardless of its market
value. The reason of this is that there
is an ordinance on the city books which
prevents the assessors placing on their
| books any article of real or personal
property of less value than $50. The
assessors were DESTROYS Of taking Dicy
| cles, and in order to do so and yet
conform to the ordinance, they had to
place a fiat tax on every bicycle. They
placed it at the lowest sum in their
power, $50.
| 1t was several months before the Off
cials of the state division could Sc
cure the kind of a case they wanted.
They heard of many cases on which
| bicycle riders had made complaints, but
| the assessors had shrewdly protected
| themselves by Jumping the personal
| ca ba Of
cycle was included in the valuation of
all personal property. There is a
statute which does not give a man a
chance for an abatement on oVer-valu
alton less than $50 per cent, unless he
calls at the office of the assessors be-
| fore the valuation is made, and leaves
with the board a schedule of his prop
erty. AS none of the bicycle riders had
done so, it is easy to see how the as
| SCISSORS had themselves protected by
the statute. They could say the value
of the bicycle was included in the val
uation of all the personal property, and
as there was not an generalization of
| $50 per cent the tax payer could not
secure an abatement.
| Grady was not assessed for any prop
erty except his bicycle. But the league
| had another obstacle to contend with
in his case. He was not a member of
the league, and although he was willing
| that a test case be made, the league
| did not feel called on to make a test
case for a man who was not a member.
But Grady Joined the league, and that
point was settled.
| Another delay was caused by the ill
ness of Mr.. Blair, counsel for the
| league He recovered several days ago
and resumed his business reaching the
| case in its turn. He has instructed
| Lawyer Goodell what to do. The lat
| ter is one of the oldest members of the
| league in Worcester, and has agreed
to enter the case for the state division.
1t will be fought out by Mr.. Blair.
| The chances are the case will be car
| ried to the supreme court, despite the
humble start it makes in the central
district court. The league will not be
satisfied with an adverse decision IN
| til the supreme court stops further ac-
| ton, and the city probably will have
the same feeling.
Officials of the league are in no wise
| afraid of the ultimate decision of the
| courts They claim the practice of
| taxing bicycles or anything else beyond
their true value is unconstitutional, and
| doubt that even a state Legislature
could give authority for such action
A similar case was recently tried in
| Chicago, and the finding was that it
was unconstitutional for any board of
| assessors to place a valuation that
didn't exist on bicycle or other vehi-
Gle. In that city the wheelmen and
carriage drivers had practically agreed
to pay a tax of 81 a year to pay for the
use of the roads.