Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-02
State Assessors Are Accused OF
Neglecting to Levy Justly in
Hudson County Towns.
ENGAGES COUNSEL TO
APPLY FOR MANDAMUS
Merritt Lane and George L.
Record Will Fight for Cause
of Open Books.


Assessor Mark M. Fagan has retained
George L. Record and Merritt Lane as
counsel. and application will be made
on his behalf to the Supreme Court for
writ of mandamus. compelling the
State Board of Assessors to allow him,
as a member of the Hudson County Tax
Board, to inspect all of the statements
of railroad companies owning property
in Hudson county on file with the said
State Board of Assessors.
Mr.. Pagan said today:
During the short time that 1 have
been a member OF the Hudson County
Board of Taxation 1 have come across
some very queer doings by the State
Board of Assessors in relation to the
assessment of the Pennsylvania rail-
road tunnel, which runs under several
of our Hudson county towns. This tun-
mel has been in the course of construc-
tien for four years, and under the law
it ought to have been assessed each
year, either as railroad property de-
voted to a railroads use or as local
property not yet ready for railroad
ules.
"The Hudson County Board of Tax
alton is now at work with the dif-
ferent local taxing boards, trying to
straighten out this muddle and to have
made a local assessment covering the
years during which the property was
omitted from taxation.
"As near as 1 can estimate the
amount saved by the railroads by this
omission is some 100000, which ought
to have gone into the local treasures
and to that extent reduce the burden
of the local taxpayers.
I'm order to give some light upon
tho subject of the proper valuation OF
this property I went to Trenton and
appsied to the State Board of Assessors
for such Information as they have In
their files. Under the law creating the
State Board of Assessors 1t is made
the duty of every railroad company to
return to the State Board of Assessors
swurn statements containing an item
lied list of all of their property and
the statute thereof.
"This statement must include, ac-
cording m the law, not only all prop
erty used for railroad purposes. but
also all other property in each taxing
district owned by the railroad and not
devoted to railroad uses. The purpose
of this latter requirement is to enable
the State Board of Assessors to have
the data before 1t necessary to figure
out the value of the franchises of each
road. AS these are sworn statements
they are, of course, of value to any
body charged with the assessment Of
taxes.
ITO my surprise the State Board of
Assessors fatty refused to allow ME
to see any Of the information as to the
pennsylvania Railroad tunnel filed with
the said board by the said company,
and they also refused to allow me to
see any of the statements of any of
the railroads as to any Of their prop
erty in Hudson County on file with the
State Board of Assessors.
"This action was taken by a vote of
three to one, Theodore Strong, George
r. Halsey nd Charles e. Hendrickson,
of this city, voting in favor of the re-
fusal. and D1. Dogardus, of Red Bank,
being the only member voting in favor
of granting my request. / am advised
by counsel that this action Is entirely
Illegal. that these statements are re-
olired by the law to be filed with the
BOARD and that there Is no provision in
The law for keeping them as conf1den-
tial or secret information.
s'The statute creating the Hudson
County E ,ard of Taxation imposed
upon each member the duty of investi-
eating the value of the property all
over the county for the purpose of fix
ing the valuations at true value and
for the purpose of equalizing the bur-
dem of taxation as between the different
municipalities of the county. AS a
member of this board, and in order to
equip myself 70 discharge the duty of
my position, am advised that l am
entitled to inspect these public records,
and that this refusal is Illegal and al
together without justification.
.'I have therefore determined to make
a fight to compel the State Board Of
Assessors to throw open these records
to public inspection. I have retained
Messrs. George l.. Record and Merritt
Lane as counsel, and application will
be made on my behalf as member of
the Hudson County Board of Taxation
to the Supreme Court for writ of
mandamus, compelling the State Board
of Assessors to allow me as q MEM
Der of the Hudson County Tax Board
to inspect all of the statements of rail-
road companies owning property in
Hudson county on file with the said
State Board of Assessors