Mayor of Newark v. North Jersey Street Railway Co.
Mayor of Newark v. North Jersey Street Railway Co.
Opinion of the Court
The opinion of the court was delivered by
This certiorari brings up the judgment of the state board of taxation rendered on May 20th, 1902, by which it was determined that the assessment of $2,075,000 levied by-the assessors of Newark for the year 1901 on the property of the North Jersey Street Railway Company, consisting of real estate in the city of Newark> should be reduced to $1,240,979.42.
The prosecutor of the writ, the city of Newark, contends that the questions of fact involved in this judgment are reviewable here by virtue of the amendment, approved March 28th, 1895 (Gen. Stat., p. 370), of the ninth section of the Certiorari act, notwithstanding the provision in the eighth section of the act - establishing the state board of taxation, approved March 19th, 1891 (Gen. Stat., p. 3344), declaring that the determination of the board respecting such assessments should be final and conclusive. This contention is
The prosecutor further- contends that legal rules were violated in the determination of the board, and in support of this contention refers to what purports to be a shorthand report of testimony taken before the, board at the hearing on this matter. But, for two reasons this report cannot be considered by us—first, because it is in no way authenticated by the board, being neither sent up as part of the return to the writ, nor certified in response to a rule from the court; and second, as the board is a body of some legal permanence, it should be required to certify .the grounds of its determination, not the testimony from which those grounds are to be inferred, and only in case of its failure to do so should other evidence thereof be received. This rule is enforced generally respecting the judgments of judicial and quasi judicial tribunals, and is necessary to give due effect to their conclusions and to render definite the basis on which .they may be reviewed. Smart v. North Hudson County Railway Co., 37
No error is shown, and the judgment of the board is affirmed, with costs.
Reference
- Full Case Name
- THE MAYOR AND COMMON COUNCIL OF THE CITY OF NEWARK v. THE NORTH JERSEY STREET RAILWAY COMPANY
- Status
- Published