Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-12-13
DRANFORD PLACE
BILLS CAUSE Of
Strong PROTEST
Directors Claim That Comp
troIIer Erred in Sending
Out Assessments.
ASSERT ACTS MAY PLACE
LIENS ON THE PROPERTY
Lawyers Put in Position of Meg
Iecting clients-comptrolIer
Explains.


from the city comptroller for Bran
ford place assessments which have
not been, as yet. confirmed by the
court, score of lawyers representing
objectors to the levies, made a vigor-
Gus protest to Judge Frederic Adams
in the Circuit Court today. The bills
state on their face that the assess
nents have been confirmed and If not
paid on or before December 13 (loday)
will be subject to an additional charge
of interest at per cent.
The only assessments that have
been confirmed by the court, the at
torneys point out, are those against
which no written protest was filed
within the time limit set by the court
Assessments which have been OBJ
jected to, which are now being
heard before Judge Adams, have not
been confirmed, the lawyers declared,
and the action of the comptroller il
sending bills for those assessments
was a blunder.
May Place Liens on Property.
By far the most serious consequence
of the comptroller's error, according
to several of the lawyers, is the plac-
ing of liens on the properties involved.
An assessment for an improvement
becomes a lien on the property as
sessed until 1t is paid and title
searches will reveal, in this case.
liens where none should. exist. Many
of the objectors, their lawyers as
serted, We're alarmed when they re-
ceived last Thursday and Friday the
bills declaring that the assessments
had been confirmed.
The lawyers We're placed III an
embarrassing position with their
clients. one of the attorneys asserted.
To remedy the mistake of the comp
troller and relieve the objectors, he
asked the court to make an order di-
recting the comptroller TO recall the
bills sent in error and notify the per-
SONS interested that mistake had
been made.
City Attorney Harry Kalisch admit
ted that the action of the comptroller
was wrong, but declared that the bills
were not sent out by any direction Of
the law department. The order Of the
court Confirming all assessments
with the. exception of those to which
fobjectior had heen made.' was filed
in the coInptrolIer's office by the law
department, he said. Why the comp
troller had sent bills to everybody in
stead of only those whose assessments
had been confirmed. Mr. Kalisch
could not say.
Would Advise Recall.
Mr.. Kalisch told the court he would
advise the comptroller to recall the
bills in error. but said he could not
be sure that the comptroller would
follow his advice. The court was
doubtful as to what kind of an order
he should make. but declared that
some kind of an order should be made
TO correct the error
II understand" said the judge.
that the comptroller said he did not
have time to pick out the assessments
that had been confirmed from those
which had not been confirmed and
therefore sent the bills to all. The
comptroller's time is not so valuable
that he cannot ascertain what he is
authorized to do and what he is not
authorized to do. This is a serious
blunder and realize the far-reaching
effects of it,
Jerome T. Congleton called atten-
tion to the fact that unless the comp
troller's books are corrected and the
incorrect assessments expunged tax
searches would always show that a
lien had existed against the property.
Clarence S. Blake, another attorney
representing forty-eight of the several
hundred obiectors, also discovered
that his clients had received assess
ment bills although they had objected
and the court had not yet confirmed
the assessments. His case WAS a lit
tie different from those of the other
attorneys. because he found out after
he received the bills, the order of the
court apparently overlooked his OBJ
jections and confirmed the assess
ments.
Mr.. Blake said his objections were
fled with the court before the time
expired, but by some inadvertence
We're not included in the courts order
as on file in the comptroller's office.
The court declared it was an over
sight on the part of the man drawing
the order and would be corrected by
the court.
Comptroller Explains.
At the comptroller's office in the
city haH it was explained that when
the bills were sent out only the name
of property owner was given. In
formation as to the particular lot
which was owned could not be
secured, although inquiry was made
from the attorneys. 1t was explained
that in this manner bills We're re-
ceived by objectors to the Branford
place opening, but that they would
not be obliged to pay them if an error
has been made.
A majority of the persons who have
objected to the opening did not re-
ceive bills since the location of the
property was given together with
their name.
Cn..4h 0ranne Mar Gets