New-York tribune., 1909-05-26
WHITRIDGE ASKSDELAY
WANTS SALE PUT OVER.
Nets, Pointing to InterbOrOugh Tar
InStalment. Demands Million.

Frederick ". Whtridgc, receiver of the Third
Avenue Railroad Company, whose property is sd-
vertised TO be sold for N.25o0oo overdue special
franchise taxes June ). has sent letter TO Cor
poration Counsel Pendletqn protesting against the
sale the ground that it would be unjust, and
asking for an adjournment Of six months He has
written TO Controller Metz asking for more time.
The Controller told Tribune reporter last night
that he would accept from Nj WhitridGe a0aW"
on account and grant the request for a six months
extension. but would not settle the account for
that sum. as he believed the city was right in
asking what II did.
We've got those companies in arrears for their
taxes on the run, and they know it,. said the Con-
troer. The Interborough paid me $4,000 on ac-
count to-day without prejudice their or the ctys
Interests and I viii say that I am willing TO
accept on account the million dollars that Nj
Whrridge proffers. but ! won't settle the account
for that.
THE Third Avenue people are in court and l
have no right 10 be arbitrary apout it. l suppose
they could en5oin me, anyway, and get the extra
time, If they want TO do il l refused TO postpone
the sale for the Metropolitan. and there is no good
reason why should make any distinctions. The
companies have no more rights than the average
taxpave- IN arrears. I will force them TO enjon
me unless they Willing to make large payment
on account 1 have written Pcndleton letter ask
ing about how far go without prejudice to
rights, and ! shall be guided to some extent
by what he says.
The companies viii get no more consideration
than the little fellows They are coming UP with
the money for their overdue taxes, and that Is
good thing for the city shall be happy to receive
Mr.. whitridges million dollars on account ana
grant him reasonable extension if it can be done
without prejudice 10 the city's interests.
IN his letter 10 the Corporation Counsel Mr " MT
ridge said that he wrote 10 Governor Hughes Win
reference 20 the special franchise axes anu re-
ceived from him a wooden acknowledgement
The receiver says that he has been ready ever
since he took hold Of the properties to conpToh.se
the tax controversy. and has urged the ControIer
70 hiring the sum down S-oooooo- The Controler
demanded N.25Oe0o.
Receiver Whitridge says that the Corporation
Counsel took the case up with the Attorney Gen
eral who appointed William A Cohen as his repre-
sen+afiye NIr Cohen reported that nothing shouiu
he done until the Court Of Appeals passed on the
Jamaica Water Company case. in which a Similar
point IS involved. and Mr.. Whitridge cites thls 10
show that while has been willing 10 bring abouI
settlement the question has really been out Of ms
hands.
Mr.. whitridge's letter TO ;he Controller follows:
send you herewith copy Of a letter to MI; Mr.;
Pendleton in respect TO the sale whoa haS f fGa
franchise taxes Of various street railroads OF
submit that under the circumstances It is not
Just thing that the sale those particular prop
adjourn the for period Of six months
The receiver wrote as follows the Corporation
Counsel:
understand that the sale Of the property Of al
the non-payment of the franchise taxes has been
advertised for June . The payment OF iheSe az ~
ponte6 In March ISts. | wrote 10 the Board OF
Tax Commissioners Ia Albany. calling their atten-
ron 10 the fact ,hat :lelr assessment upon THIS
property large that the amount Of the
Franchise Tax. together with the other taxes PAID
by IL, amounted nearly q per cent Of its net IN
Tineipie o. Which they m.de their appraisal
! have, directly Indirectly. had several Inter
pfincipie upon which they have acted, but in vain
appealed to the Governor of the state TO use MS
-ood. of=7paS 70
ceived only 4 wooden Acknowledgement in reply
Ii6n fnee nl5e soa & ad J9dse Ernest Hail the refeFee
has made a report which cuts the assessment near
A year ago I suggested to you a compromise. SO
some limits winch W,fuld make it possible for me
20 pay all the taxes due Tor all the years claimed
sd iaTer affe- a mi confe!eTce with vou and
with the concurrence or tho bondhoders commit
tee, ! offered you the lump sum OF A.OU09 in
January / You replied that it would not be posi-
be for the city TO sccept any a:b!trary sum by way
OF compTomjse. but fnitt some PRINCIPLE must be
adopted as the oaSis OF our calculations
the basis Of a SeiienS-St Jdee I:sIl,s opin!on N
the Third Avenue case. which had been Confirmed
justices OF the supreme Court Thereupon both
Teou,sie cajcnlatioTs Of he an1o1, when was due
on the basis OF Judge Halls decision, al times
amount due down to one million dollars 90 that Il
Your representative nnally figured the anoant
due as abou; s-2g e5}-Inne at a little more than a
HEAiiou oo!ldfs lAe uilIelence between these tTo
was OCcas.Oned by your experts refusal 10 include
the cost OF ihe power house part ot the tangible
property. The interest which be deducted
At subsequent conference aeld between us. ne
Controller and number o-her gentlemen II IVES
substantially agreed. rho suggestion of one %
those gentlemen. thac the question of he allow
ance 10 be mace Tor the power house should be
submt tteo 20 erbitraUon. and II the suggestion os
TWO other gentlemen present at that conference tn4
name OF Otto Barnard selected as the qrF'-
trsto- 70 whom the question should be referred.
Thereafter YOU, I understand, took the mat
ter UP with the Attorney General. lie then en-
pointed the Hon. W:llsni y. Cohen as his repre-
sentative mere who has taken TIE position tha: