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CENTRAL R. CO. OF NEW JERSEY v. MARTIN

3 F.Supp. 477 (1933)

CENTRAL R. CO. OF NEW JERSEY v. MARTIN, State Tax Commissioner, et al. LEHIGH VALLEY R. CO. OF NEW JERSEY v. SAME.

District Court, D. New Jersey.

April 5, 1933.

Attorney(s) appearing for the Case

Maximillian M. Stallman, of Newark, N. J., Robert J. Bain, of Jersey City, N. J., and Alexander H. Elder and Jervis Langdon, Jr., both of New York City, for plaintiffs.

William A. Stevens, Atty. Gen. (Duane E. Minard, of Newark, N. J., Edward P. Stout, of Jersey City, N. J., and John Solon, of counsel), for defendants.

CLARK, District Judge.

The principal case seems to present a problem in method. It is agreed that for many years the taxing authorities of New Jersey have indulged in the amiable practice of assessing railroad property at 100 per cent. and the property of all its other citizens (sic) at 80 per cent., perhaps an ancient application of the now so popular capacity to pay principle. It is also agreed that this form of assessment presents an issue under the Federal Constitution...

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