Democrat and Chronicle from Rochester, New York • Page 19

SECTION I ROCHESTER 10.1TH YEAR ROCHESTER. N. Y. SUNDAY. APRIL 4.

1937 LOSER CITES COURT AIDE'S ADVICE Stew Trial Sought In Negligence Action City to Clear This Site for Northeast Playground LEGAL FIGHT HINTED OVER BOARD MOVE Democrat Insists Supervisors' Vote Balked Debate SECTION NEWS w-w- rrf jjmjn: -w jf Valuation For Franchises To Hit City State Puts Public Service Figures $1,250,063 G. E. Reduction Cuts Tax Firms' Lower $975,167 Thousands of dollars in taxes will be Inst io Roohnster and Monroe County next year as a result of reduced franchise valuations. An announced by the. State Tax Commission yesterday, tha valuation of special franchises off Attorneys for an unsuccessful (efendant yesterday charged a Su include, 1936, It may ha expected to go up somewhat." The city made no appearance at a February hearing on the new valuations, held by the State Tax Commission at Albany.

Ginna estimated tho Gas it Eleo-tric Corporation could expect saving of about $30,000 In city-county taxes next year aa a result of the lowered valuations but ha forecast the city would make It up in the following year. The Corpora n-erne Court attendant assumed he role of judge last Feb. 10 In a icijligence case. On the ground of "irregularity ind misconduct on the part of on ir more of the court attendants" whose custody the Jury waa the lawyers representing Rablod, 433 Avenue A. de-endant in the accident suit, filed lotice they will move Tuesday be-ore Justice Ben Kenyon in Gene-eo to have the verdict set aside gainst their client and will seek new trial.

Justice Kenyon presided over the rial in Rochester when the jury note in the name of Paul E. 251 Cypress Street, real state man, as a co-defendar, and pturned sealed verdicts of J4.000 favor of Charles Hinterleiter. S. of 9 Conkey Avenue, and $1,000 or his mother, Mrs. Anna Hinter-iisr.

against both Emerson and tabled. Identity Undisclosed The Identity of the attendant, aimed to have given verbal inductions to the Jury in answer i a written question submitted by ie 12 men during their debate, as not established in affidavits 10 of the Jurors submitted in mnection with the new trial moon. One of the jurors refused to an and another was not reached. According to an affidavit of i ut her I. Webster of Webster.

amb Webster, attorneys for ahold. Justice Kenyon had tion pays a total of about $500,000 on Its franchise valuation tax, city and county combined. But it paya total taxes of about $1,500,000 to city and county on franchise and real property. Table Compare Yearn Following la a table showing comparative valuations fixed oa public service franchiser; 19! 1B3T Legal action waa forecast yesterday as an outgrowth of heated Thursday and Friday Board of Supervisors' meetings. Declaring that the Democratic minority had been deprived of rights of debate, former Chairman Charles J.

Knapp said: "Chairman Sam A. Cooper had no legal or parliamentary right to refuse a vote on the Democratic motion to vote separately on details of the county legislative program. We Democrat wanted to vote separately on the proposed repeal of the Slater -Marks and Taylor-O'Brien laws. This was denied to us." He held Cooper at fault too in refusing to table resolutions on Democrat io motion. This opened the door to the "railroading" of Republican majority resolutions, he asserted, To Consult Attorneys "I believe we have legal rights," he said, "which the majority must recognize.

"I will consult attorneys in thla matter and will take proper action." Knnpp took Issue with "The Civic Scene," Democrat and Chronicle editorial feature, when he held It was in error In reporting yesterday that towns would face a 17 Increase In tax rates for 20 years if the Slater-Marks Act requirements were carried out. "I went over the situation wilh Earl Wollcr of the Bureau of Municipal Research and others," he said. "The fact is, the rate of Brighton, for example, would go up over a 20-year period until the Increase reached a $7 peak in tha 20th year. But the Increase would be gradual, starting at $1 or thereabouts the first year." Suggest Annexation N. Y.S.Rnllwys 1.IU7 175 2 ltift.ISi R.

L. O. Water 571,870 D3T.MU 41. MIS 11,417 231 publlo service corporations doing business in Rochester was fixed at a total of $18,790,038. That compares with the $20,040,101 total this year, representing 1936 valuations.

New valuation figures will be added to city tax rolls In August and next year's city tax on the publlo service corporations will be based on them. Will Cut Taxes Since the total reduction as between the two years is $1,250,083, the city will suffer reduced revenues of nearly $44,000 from its tax returns on these franchises. This is baaed on an assumption that next year's city-county combined tax rata will be approximately the same aa this year's, which Is $35.71 per thousand. Biggest reduction went to the Ruchester Gas A ffilectrio Corporation. It franchise valuation was dropped from to or $975,167.

Reasons for the reduction were explained by Robert E. Glnna, rate department manager for tha corporation, aa follows: "The Slate Tax Commission fixes franchise valuations on two items, one ot which Is tangible, the other Intangible. "The tangible itfm Includes the physical properties In the streets. This item showed little change. But the intangible item is the corporation's gross income and this accounted for the lowered valuation this year.

Figured on Lean Year "For the Commission takes the gross Incomes for a five-year period in arriving at the valuation and this year's figure Is based on the years 1931, 1932, 1933, 1934 and 1935. These were the leanest years of the depression and the gross In 80.510 Indicated here is the section bounded by First, Second and Bay Streets and Central Park that will be cleared to make way for a new playground. Work of tearing down houses will be started this week as first step in the $120,000 project. Nineteen houses will be town down to make way for the area needed for the playground. (Robinson Air Service Photo) Rochester Rys.

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Co. Roch Tel, Crn. 43.824 12,39 2, 3B6 78.26a 61 .918 7.55J 742,684 6,225 122,767 124.916 91.71k 87.621 6.225 104.663 10,12 98,868 $,167,605 UH0 7. 6.537 89.474 131. 3KB .112 98.438 5.976 104.653 11.2112 95.IW5 3,37.811 DRUNK DRIVING CHARGED TO 3 WOMAN HURT IN AUTO CRASH Western Union 31.126 30,871 Home Razing Starts Soon For Central Park Playfield A new playground for children in the Central Park district will be in readiness around Oct.

1. WPA workmen Tuesday will begin demolishing 19 houses in First and Scoml Streets between Central Park and Bay $16,796,938 $20,040,101 Policeman Messinger Mrs. Thelma Brightman, 28, of 107 Pomona Drive, suffered cuts Undergoes Operation larged the jury they might return rdicts against both Rabold and merson, although tha suit was continued as against the latter in. 5 when he paid $1,200 In and received a release from ie Hinterleiters. But, Webster serted, Justice Kenyon gave no structions to the Jurors after they tired to deliberate.

Foreman Wrote Request According to the atatement of jury foreman, John A. Stark, 6 List Avenue, Irondenuoit, perintendent of warehouses of the jghester Carting Company, he and bruises last night when she Policeman George Messinger, I Knapp thought the ultimate solu- commander of Lieut. Edgar F. Street to make way for the play area which may eventually serve North Goodman Street near Web- A 50-year-old motorist whose automobile is alleged to have levelled two sets of traffic standards in Main Street West early last night, causing slight injuries to a pedestrian, was held today on a charge of driving while intoxicated. Arrested by Policeman Louis Raymondjack, who claims to have witnessed his second encounter with tanDrH.

U.Jn ster Avenue. Koehlmer Garrison, Army and Navy Union, la recuperating In SL Mary's Hospital after undergoing a serious operation. Messinger also Is a member of tha Veteran est Foreign Wars and the police Locust Club. His home la at 74 Wnorl- uy u.u.u0 lo of th(, ironriequoit-Brighton front of 49 Clinton Avenue North. fiscal difficulties waa annexation to She was taken to Highland Hos-' Rochester.

Then their special dis-pltal for treatment. Driver of the trict prWems would be liquidated, automobile involved, according to he and. d'4trjcJ." WOUld I 'r existence. But he recog- pollce, was Leslie McPhee, 35, of ized many difficulties in the way 133 High Street, of this. Councilman Scinta said It Is hoped the playground may eventually serve as part of a larger community center for adults as well as children.

epared a written request for in- come figure was naturally much as a community center for the 12,000 persons living in the area. Located across the street from public School 27, the playground has been urged for a number of years to corect present Inadequate play facilities. Francis H. Carroll, chief WPA engineer, stated yesterday that ructions from Justice Kenyon on Wegt and Ftzhugn StrMt South lowered. Next year, as the item will lawn Street, question occusaed is John Wanrv Pons of negligence and de- ercd the paper to one of the of 78 Grand Avenue at McFARLIN'S urt attendants between 4 and 5 m.

A few minutes later, Stark id, the attendant answered the estion verbally. Another juror, Richard J. Fos- the area covers some 11.278 square yaras will be regraded, new re THE STORE THAT PROVED IT PAYS TO BUY GOOD QUALITY According to police report, a short time before his second mishap, Popp knocked down lights at Plymouth Avenue North as he drove west in Main Street. A lantern hurled by the impact struck Bruno Martini, 40, of 91 Walnut Street, who was standing in the safety lone waiting for a street car. The latter suffered only a slight head bruise.

After hitting the first standards, police claim Popp failed to stop and that he was chased as far as Broad Street by Darwin Peter Harris of Ridge Road, Webster. Har-ris gave Policeman John Morgan the license number of the fugitive car and an alarm was broadcast. Another driver was arrested on Sport Back Models In Smart Restraint Plain Back, Models, Too, In Suits of taining walls and sidewalks will be built and the playground will be fenced. The Job, which will occupy 21 men six months, will cost This wil bring the total cost of tne playground to approximately $119,000. A year ago the City Council under the leadership of Councilman Anthony C.

Scinta approved purchase of the property in the present site to be acquired by the city at a cost of between $69,000 and $70,000. Community groups and political leaders, notably Michael S. Cariola, 16th Ward Democratic leader, led the fight for the playground which they pointed out was badly needed in this populous northeast section of the city. Children in the Central Park area have been playing in vacant Iota adjoining busy thoroughfares or have been using the more distant playground in Sawyer I Spun r. Rush advertising man, said the itten question was whether the ry could apportion the damages tween Rabold and Emerson.

The swer, in according with previous lings of judges was, it was said, at the jury could not assess dlf-rent amounts against the two. When the Jury agreed at 10:50 m. after being out 12 hours, it and the name of only Rabold on verdict blank, and according Foster, the foreman then verbally mmoned the attendant for inductions as to that Foster said attendant returned five or 10 nutes later, replied orally to the reman, who thereupon told the lets they were to write in tne nie of Emerson. Supervisor On Jury Foster's affidavit was the only that mentioned the last-minute juest. Among the Jurors who ned statements was Supervisor thur Lochte of the First Ward, eduction manager of the Ameri-n Laundry Machinery Company.

said he. did not know whether instructions came back in itten form or were given verily by the attendant, fhe new trial motion will be op-sed by John J. Mclnerney, at-ney for the Hinterleiter. He ims the Jury cannot Impeach own verdict and that there was irregularity. Court attendants pressed ignorance of the claimed ructions.

Mclnerney said he ma to ask for postponement of argument so he can obtain wering affidavits. Che ease previously was tried n. 19 and ended In a jury dls-reement. When the retrial in February, Emenson, who tied before the first trial, was listed as a defendant. Continued en Page tB a drunken driving count after his alleged erratic steering piled his machine into two other cars at Plymouth Avenue South and Broad Street.

Also locked up to await City Court hearing tomorrow morning, he is Sydney Styles, 38, of 174 Fitz-hugh Street South. Styles was arrested by Policemen Thomas Glant-scaning and John Hanna who reported damage to the other machines was slight. Theodore Hamilton, 29, of 640 Monroe Avenue was arrested on a charge of driving while intoxicated last night after his car struck that of Leonard Levin, 71 Main Street, Dansville, which was parked In Falrview Avenue. Hamilton suffered slight Injuries. Car Strikes Bike, Injuring Cyclist A McFarlin-Fe3tured Fabric of Perennial Favor $3 Lyons Adam Stell, 66-year-old Lyons cyclist, was reported in good condition as Lyons Hospital last night following an accident in which an automobile and his bicycle figured.

Stell suffered the fracture of two ribs, a lacerated wound on the back of his scalp and abrasions about the face when he was struck on hie bicycle early Friday night by a ear driven by the Rev. Dud Boy's Head Injured As Car Hits Him Hit by an automobile when, according to police, he ran into the street from behind a parked car at 144S Main Street East yesterday morning, Richard Elliott, 4, of 22 Breck Street, suffered a head laceration. The youngster waa taken to Genesee Hospital for treatment and then removed to his home. ley W. Rose of Binghamton, N.

Y. In the police report the Rev. Mr. Rose claimed Stell was fol lowing directly behind an automo bile and had no lights on his bicycle. He was not held.

ml A 11 i iV rexas Citrus Typhoon Hits Garbage Plant Since early colonial days, natives of the North Carolina hill country have won world-wide fame for their wonderful hand-woven homespuns. The beautiful colorings are unrivaled. The double-twist warp weave is resilient, smooth-draping, and amazingly strong. Suits made from these fabrics command a very high price. Sawyer spun has simulated all the fine details of Carolina homespuns, enabling a suit of homespun character to sell at a price within the reach of all.

We've had the cloth tailored in the season's best models. Single and double breasted plain back, panel back with half belt, and the ever popular free swing back. Rich checks, plaids, nubbed effects and mixtures, in colorings suitable for either business or sports wear. (The Coats Are Perfect as Sport Coats for Now and Later) rapefruit Poured by Truckload into Reducers he city garbage reduction de--tment caught a mighty squirt grapefruit squarely in the eya week. Vithout warning a storm of den Texaa fruit rained on tha lis Street reduction plant Friday be followed by another squall terday.

In the wake of each -us typhoon the small boys of it Street-Lyell Avenue sector i aiege to the plant, giving the bage men aome stirring compe-on for the fruit, lystifled attendant looked in as truckload after truckload grapefruit poured Into the slides, sy plucked a few superior Small Boys in Area Lead Workers Merry Chase breakfast food, too, when attendants at the plant discovered a few bags in excellent condition. Several packing boxes full standing In a corner of the plant testified to sharp eyea of the garbage plant men yesterday. Peelings scattered about the building remained as evidence of other fruit. The fruit Isn't very valuable so far aa the garbage plant itself ia concerned, opined Assistant Superintendent William Clapp. "You cook It," he remarked, "and it settles into water and fluff which we pump Into the sewers.

What grease there is In it we take out. As fertilizer, it's value Is from freight cars on the New York Central sidings. Then the garbage plant sent the trult through for dehydration. Three six-ton tanks were filled. Meant For WPA Families A search revealed the fruit belonged to the federal government and had been ehipped Into Rochester for distribution by WPA.

Sixteen cars have moved into the in the last several weeka. Pike Meade TERA foods distributor, said. Filled with about 400 bags of grapefruit, the cars were emptied and the citrus sent to St. Paul Street WPA headquarters for distributions he said. Lately the bottom layer of fruit in the cars have been badly smashed, he eald, and the bags have been loaded on trucks and carted of the Incinerator where they attracted attention of the small boys.

Altogether, he estimated, about a freight car load has gone the way of all rubbish. about xero." Too much acid, as you notice nples from the bins and found tn to be Texas fruit, seedless i I sweet. 'he truck drivers provided the i ormatlon that the fruit came Workers Rescue Some I when you catch any of It in your THE GOOD CLOTHES COME FROM, Some of went the way of I ay at the breakfast tabl..