The Waterbury Democrat., 1935-04-04
Third Ward Session


 Samuel I. Lyons was named chairman of the third ward con- vention with Victor N. Peterson, clerk. Adolph Schlosser was nom- mated burgess with no opposing candidate. He accepted with thanks. Delegates to the conven- tion were: Emil Mannweiler, Hen- ry Zwick, Clarence Austin, Carl W. Thompson, Mrs. Willard Sel- lock and Mir. Lyons. MT. Lyons was named chairman of the mems division of the ward committee and Mrs. Julia Anderson, chairman of the women's division. Each of these will name four members in their respective divisions.
 In view of the fact that the chairman of the ward committees in the other two wards are mem bers of the town committee, the third ward caucus recommended that all ward committed chairmen should be members of the main body. The recommendation will be taken up at a meeting of the town committee, it is expected.
 Harris Whittemore, Jr., former warden, offered the name of MT. Raytkwich to the convention. He said MT. Raytkwich was the town committee choice and also the del- egates' choice. The candidate had told the town committee he would accept if nominated. He was not present.
 MT. Talbot congratulated the convention on its endorsement of Mir. Fitzgerald, whom the Progress sive party will indorse at its con- vention. A committee consisting of Mr. Schiller, Henry Zwick and Herbert Johnson was named to in- form MT. Raytkwich of his nomin- ation.
 Can't Help DolnianO
 The town can do nothing toward restoring oyerpaid taxes of Thomas Domiano of High street, in the opinion of Tax Commissioner Will liam Hackett, according to a let ter received by MT Domiano from the state commissioner. MT Dom- iano brought his problem before the board Tuesday night, with. Pat sy Labriola speaking for him. He has been taxed for a store valued at $3,600 which he does not own since August, 1888. MT La- briola wrote to the tax commis- sioner and received the reply today. Once tax has been voluntarily paid 1t is practically never paid back by the town, the state official told MT Domiano. He pointed out that MT Domiano, in voluntarily signing the assessment lists sew eral times admitted owning the property. This action, although
 MT Labriola claimed that Domiano did not know what he was signing, left Domiano responsible in case a mistake was made.
 A paragraph excerpt from the letter of Commissioner Hackett explains his idea very well. It follows: "The Connecticut courts, in common with those of other states, have decided that once a tax has been voluntarily paid, it can prac- tically never be recovered back. The idea behind the ruling is somc-
 what similar to the caution which has been placed beside railroad crossings. The person Is to stop, look listen before he proceeds. If a tax debtor has any question as to whether the amount of tax which has been levied against him is correct or not, he should go full ly into the matter before he pays such tax and not after payment" Recourse to Owner
 The tax collector goes on to say the only recourse Mir Domiano could have is to endeayor to try
 to collect from the owner, Gin this case Tano Sileo) who, he says has a moral responsibility, in view of the fact the charge should have been levied against him.
 Mir Hackett concludes by stress ing that this is only his opinion, and that the tax missioner can not give legal and binding opin-
 ion in local tax matters. This would be Up to the borough at- torney.
 The matter was referred at the borough board meeting Tuesday to the tax abatement committee with the suggestion 1t be taken up with the borough attorney to get his | opinion as to what course if any the borough could take in the mat ter. At that time 1t was suggested the tax commissioner be asked about 1t. Borough Clerk Charles
 Daly then said he thought the commissioner would refer 1t back to the Naugatuck borough attor- ney and this letter bears out his viewpoint.
 It also substantiates the stand of Warden John J. Sheridan who said he doubted the borough's li- ability in the matter. It does seem surprising to many that if a man Is overcharged, and through his own error overlooks the overcharge c for some time, he will not be able to collect the extra money which he paid but it looks as if that
 were the case. Borough Attorney Martin E Gormley will probably report on his opinion but 1t Is not expected to differ with that of the state official.
 Club Meets Today
 A meeting of the Young Repub- llicans' club will be held tonight land Judge John McGrath of Vya ta rhiirv and gtaAa Senat0r JOh@