Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-10-27
ASSESSORS MUST
SHOW BASIS FOR
R. R. ASSESSMENT
Justice Garrison Issues Man
damus at Instance of For
mer Mayor Pagan.
STATE BOARD REFUSED
TO DISCLOSE RECORDS
Erection of Technical Barriers
Against Citizenship Duties
DENOUNCED by Court.
Especial to the Newark star.l

TRENTON, Oct N.--In an opinion
filed by. Justice Garrison in the, Su-
preme Court today he directs that q
peremptory writ Of mandarrus be Is
sued forthwith ordering the State
Board of Assessors to permit former
Mayor Mark M. Pagan, of Jersey City,
who Is now a member of the Hudson
County Tax Board, to examine the rec
ords of the assessors Office showing
the returns made by the railroad COM
panies under which the state board
has assessed the railroad property In
Hudson county.
Justice Garrison In his opinion holds
that IL would be unfortunate in the ex-
treme for the courts of republic to
erect technical barriers by which duties
of citizenship were discouraged or
denied.
Citizen IL Entitled to Inspection.
The opinion of Justice Garrison lays
down some very important propositions
touching public documents and the
rights of citizens and officials to in
spect them. 1t is based on the gen.
eral proposition that a citizen, who is
also a. member Ol n COhitJ pOotu "a
taxation. is entitled, for purposes con-
nected with his official duties. or aris-
ing out of his rights as a citizen, to
inspect the schedules filed in pursuance
of public law In the office of the State
Board OF Assessors.
The state Board of Assessors and its
secretary, Irvine e. Mcguire, refused
to permit Tax Commissioner Pagan to
.1s ~ n
rule to show cause why writ of man
damus should not issue compelling the
State board and its secretary to grant
his request. Merritt Lane represented
Mr.. Pagan IN the proceeding and At
torney- General Wilson appeared for the
defendant board.
The decision of Justice Garrison is
based on the principles laid down by
the Supreme Court in 1879 in the case
of Ferry against Williams. That opin-
ion was by the late Justice Dixon and
is reported in IL Vroom, page S32. The
opinion of Justice Garrison is, in part,
as follows:
~ am at a loss to see upon what
ground the defendant can claim that
these schedules are of confidential
nature or possessed of any private
character tnaL was not pObSeSSeu ny the
Recommendations for liquor licenses
fled with the collector of taxes in the
case of Ferry VS.. Williams. In each
case the document was one required by
public law to be made for public pur-
pose. and to be lodged with a public
officer. as the basis of the performance
of a public duty in which all citizens
had an interest.
Records Not CONFIDENTIAL.
"In either case what is there of a
confidential character about these rec
ords or on what can the public officers
base their claim of privacy? I can
readily see how railroad company
that had for its own purposes prepared
such a schedule of its taxables for the
information of its stockholders or of
investors might successfully resist the
requests of the taxing officers to in
spect such list, upon the ground that
II was a private memorandum, the con-
tents of which, in the absence of APP
propriate legislation, possessed no public
character and was Of no public con-
Germ.
Here, however. there is appropriate
legislation that covers both of these
Continued On Second Page,
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