The Birmingham age-herald., 1912-07-12
Controversy Yesterday Over Value of Realty on Up
 per First Avenue
MOTION AND SMYER
 DEFEND THE OWNERS
Former Tax Commissioner on Stand Yesterday Offers to Buy Prop erty on Upper First Avenue
 at S400 Foot

stances in the hearing of the raises of property valuations listed with them by Capt. J. V. Allen. R. B. Smyer, attorney for the Real Estate Dealers exchange protested against the raise, as did B. A Thompson, who as real estate expert, is assisting MT. Smyer in resisting the raises proposed by MT. Allen.
 Dr. Lovelady answered them by stating they were trying to be just to everyone and that when it was clearly shown the assessments were too low they proposed to raise them, but that they would al ways give the propertyholder the benefit of the doubt.
 In the case of J. A Bingham, in which the board had made raise, MT. Smyer made objection.
 ''I don't see how you can go in the face of the statute which allows per cent re- turn on an investment" said MT. Smyer and we prove that the property raised is not earning per cent"
 "The earning capacity of property has always been considered by the board in arriving at a conclusion" replied Dr. Lovelady '.but it is not the only con sideration; there are other things to be taken into account
 Frank White, IT,, on Stand
 In this case Frank White, Jr., former back tax commissioner, was placed on the stand by Captain Allen to prove values of property in the neighborhood of Twen- ty-fourth street and First avenue MT. White was closely cross-examined by Mr. Smyer, as to adjoining valuations. The tax commissioner has raised the proper ty valuation to $500 per front foot B. A. Thompson, in trying to fix valuation of property close by asked MT. White what a lot on an adjoining block was worth. About s4o0 per front foot" answered Mr White.
 Do you consider that fair market value?'
 T do and will pay the owner sioo per front foot for the property
 Mr. Motion then asked MT. White how long it had been since that section had been used for business property, and what caused it to develop.
 "On account of the crowded condition of Morris avenue and the need of room
 
 MT. Motion questioned the witness at much length and at the conclusion said;
 Would Decrease Values
 ''Mr. President, desire to make state- ment. I am in position to state au. thoritively that an agreement has been reached between the Birmingham Realty company and the Louisville and Nashville railroad by which four blocks of business property will be erected on First avenue between Fourteenth and Seventeenth streets. The erection of this property will, without question, depreciate the value of the property in the section under discus sion Is that not so, MT. White?"
 Tt would have that tendercy,' replied the witness.
 linen I contend that the present as sessment of the property is high enough. At this point Captain Allen addressed the board and said that it might facilitate matters if the examination of witnesses be confined to one person. "I nearly talked myself to death yesterday in an- swering questions propounded by the sey- eral gentlemen he said.
 Mr. Motion jumped up and said "I was appointed chairman of the committee to take these matters up and l propose to ask any question pertairant to the issue. In addition to representing the real estate exchange we represent all the people in this controversy"
 A sort of Pro Bono Publico," com mented Captain Allen
 The board sustained MT. Motion and the inquiry proceeded. On motion the property was assessed at $3o0 per front foot or a raise of $fS0 per front foot on the original assessment. a Case of Blumberg zgn the case of R. Blumberg. who owns Dht houses in the neighborhood of Eighth avenue and Fifteenth street the owner testified that the houses were about 50 years old. On being informed of the fact that Birmingham was hardly that old he qualified his statement by saying that the houses looked that old" On proof of his rentals from the rroperty the case was dismissed.
 The more substantial raisc docketed yesterday was that of the Birmingham Packing company, whose assessment was raised s25,ooo by agreement
 Cases Disposed Of
 The following cases were disposed of yesterday:
 Berkants, dismissed.
 Miss Mary Beely. raised 5000. ~ Miss yClara F. Slugoou, dlSm1SSeu.
 w. C. Blfray. dismissed.
 J. A Bingham. raised $500. Birmingham Coco-Co1a Bottling works, raised 5000.
 Birmingham Compress company, dis missed.
 Birmingham Iron Developing com pany, raised s2500. Birmingham Lot company. dismissed. Birmingham News company. dis missed.
 Birmingham Ore and Mining company, raised $S400.
 Birmingham Packing company, raised S25,000.
 Birmingham Security company. dis missed.
 Birmingham Terminal company, dis missed.
 Mrs. NJ A. Bessitte, dismissed.
 Mrs Sue Bessitte, dismissed.
 Black Construction company, raised $500.
 J. Blach & Sans. raised $500.
 Max BIach, dismissed.
 Miss Nore B. Blackburn, dismissed
 $. Blessingame, raised 5000.
 Blinn Estate and Improvement com pany, raised $s5o.
 George A Blinn, Jr., raised 5000
 E. BIumberg. dismissed.
 Barnett Lumber company. raised $30o0
 J. NJ Barnett, raised $500. OTTO MOONEY IS