New-York tribune., 1903-04-04
TWO EXPENSIVE BILLS.
REFUNDING MEASURES.
City viii Lose Millions Under
Terms of NeuHIe Bills.

Albany. Apri. tSpecisn.-Two important meas
ures now pending at Albany. both introduced by
Assemblyman Neville. are regarded by the repre-
sentatives OF the New-YoTk city administration as
dangerous the interests Of the city and likely tc
millions Of dollars II passed The nrSt or THESE
measures Assembly Bill No $50 would, in the opin-
ion OF Assistant Corporation Counsel whitman cost
the city IS 5oooa0 which would be expended in re-
funding from the city treasury enormous sums Of
money which have been paid for assessments for
local improvements The attempt pass such
measure this has been made at every session
for e number of years If carried in its present
shape would nullify decisions of the Court ot
Appeals and reopen questions extending over a
period of nearly forty years.
The history OF the assessments now called into
question goes back far 1855. when the city
began 70 assess for local improvements on a large
scale In this period numerous acts have been
passed intended 10 prevent the vacation or reduc-
ZION OF assessments for technical reasons and 10
enable the city 10 collect some part OF the money
which il had laid out OF local improvements. Dur
ing al this period the property owners had ample
opportunity TO secure relief. Il they entitled
il. Indeed commission was created for the
express purpose q giving such relief Concerning
his measure Assistant Corporation Counsel Whit
said yesterda.:
Il the present bill should become a law it would
be Praetlcay q repeal OF the statute 5 ~ne4 n pro %
sair value Of the improvements and would undo the
work OF this commission. well as the Work OF
Legality or ieEaii1y Of the assessment If this act
should into effect the work Of this commission
and Of the and the previous legislatures in
tended settle these matters. would be brought TO
nauClt and the whole subject reopened again and
what it had once been determined should remain in
the treasury would have TO be refunded.
n ht . =, - 1 ne sTatI,te Of limitations and
70 return people money which otherwise they would
he entitled TO But this is not the fact, by any
means The most important fundamental fact is
that in most Of these cases the assessments were
only Illegal for technical reasons Inc improve
the property owners derived the benefit OF the i'm
Cause Of some technical fTreglarity which did not
affect the merits Of the case at all IN other words
and 50 far as right ana justice are concerned every
dollar OF the money should be in the city treasury
The member Introducing this bill was the attor
20 recover In these cases. including the Wendell
Chapter % of the Laws Of 1886. and finally thrown
out by the Court OF Appeals ,.., ,s
enacted and cannot believe that II will be allowed
10 become a law. If fIs real character IS made
nre ~ The most conscienceiess and indefensible
grabs that has ever been made upon the New-Eork
The second Of the Neville measures. Assembly Bill
sessments for local improvements on property ex-
eTnTt from taxation" The bill IS IN the interests
citations II would require the city TO pay back
these institutions with per cent interest. the
money il has received in payment Of assessments
for local improvements on the real estate OF such
ute Of limitations that there is limit of time
no matter whether the assessIaent was was PAID one
under this hin be paid over TO these institutions
acts which might otherwise interfere with this re-
sui. TO be expressly repealed BY this act.
Concerning this measure Assistant Corporation
Counsel Whitman said:
II schemes Of this character are allowed TO go
on unchecked IL viii be only question OF time
when large part Of the real estate In New-York
remembered that while # has been the general
policy OF the state Of NeV-fork to exempt retg19ns
also been the general policy Of the State OF New
d - ~ 7,- - S-s-e he theory being and gen
era liz the fact also. that amount OF beneht was
derved from The Improvement equalling or exceed
ing the amount Of the assessment
IN 2 similar case. the Roosevelt Hospital against
The Mayor Judge Earl. his opinion denying
the legal right of hospital exemption said:
The exemption claimed finds no sanction in the
general legislation of the State OF in public policy
All colleges. churches. seminaries of learning.
G"uTtnoQsT 9al+ 5II bX snnrnnris words
specially exempted liable 10 be assessed for
rom assessTenf is intended it is SO expressly
stated in the law We must therefore hold that
The plaintiffs property while exempted from taxa
ments
The following statement of the operation Of the
measure was made by the Corporation Counsels
ONCE:
An example Of how this bill would operate If it
became Law. may be Of use suppose that a hos
estate was exempted from taxation, but suppose
IN that year sever CIV was hI %ch cies qre9 be+ o9e 9
The property hut almost absolute necessity
suppose that the hospital paid the assessment OF,
say 800 for its share Of the expense Of construct
ing this sewer-lnder the present act the city
would be compelled 10 refund the zoe, with IN
1erest at per for Thirty-three years. That is
say. the city would have TO S3l6, if We only
calculate simple interest
II might also be that the hospital twenty years
sgo sold out It's property al great increase over
what il originally cost which increase caused
largely by the construction Of the sewer and other
local improvements IN the vicinity
II seems that proposed legislation OF this
Is so clearly unjust and indefe1sble that II
should be opposed by the city's representatives,
and. fact, any one interested in the public vel
fare 10 the TUl extent OF their powers.
What its effect would he applied TO municipal
corporari rions other than the city Of New-York
do not know. II il should become q law IL would
Involve payment OF large sums Of money by the
Citv Of Nevv-Y ok and this money would have to
he raised by sale OF city bonds, and, ultimately
from taxation II is impossible to say how much
= would cost the city Of New-York. but II is safe
% say that the amount would be several hundred
thousand dollars.