26 degrees in The City of Amsterdam at 5:53AM-Wednesday, February 14, 2024-Mostly sunny, with a high near 30. Tonight Mostly clear, with a low around 17. ThursdayA slight chance of snow before 3pm, then a slight chance of rain and snow between 3pm and 4pm, then a chance of snow after 4pm. Increasing clouds, with a high near 35. Mohawk Valley News
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Read Bob Cudmore’s Focus on History column Saturdays in Daily Gazette and Amsterdam Recorder.
How William Johnson Made His Bones
By Bob Cudmore, Focus on History this Saturday, February 17, 2024
What made William Johnson important in Colonial America especially with his British overlords?
A Wednesday Story from 2004
Judge F. Walter Bliss---champion of the Upstate New York taxpayer
By Bob Cudmore
This month marks the 75th anniversary of a landmark decision in a lawsuit brought by the Board of Assessors of the town of Gilboa against the Board of Water Supply of New York City
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Two Schoharie County lawyers, F. Walter Bliss of Middleburgh and Wallace H. Sidney of Central Bridge, argued Gilboa's case. Their legal victory has provided millions of dollars in tax revenue to Upstate New York communities.
The Gilboa dam and reservoir had been constructed by impounding the Schoharie Creek in the 1920s with the assumption that New York City would pay local property taxes on the facility. After all, according to Bliss, his native village of Gilboa itself had been torn down and thus taken off the tax rolls for the reservoir.
New York City argued that the State Legislature had passed a law saying the aqueducts bringing Upstate water to the metropolis were tax-free. Ashokan Reservoir in Ulster County was not paying taxes, why should Gilboa be different?
As the case dragged on for almost six years, Bliss and Sidney took a drastic step. They advertised Gilboa Dam was for sale for back taxes!
Years later Bliss, who had been a pilot in World War I, said he was relieved when the city won a court order stopping the sale, What we would have done with a dam built across the valley and river, impounding 22 billion gallons of water I do not know.
In 1929, Supreme Court Justice Ellis J. Staley ruled in favor of Gilboa, saying the dam and reservoir were more than an aqueduct and thus subject to local taxes. Since 1929, New York City has paid an estimated $88 million in taxes to Schoharie County and Gilboa. The ruling also served as a precedent, financially benefiting Delaware, Greene, Sullivan and Ulster counties where New York City reservoirs are also located.
Back in 1929, though, there was concern on the part of the town for the bill submitted by Bliss and Sidney. Bliss asked for $21,500 and Sidney, an older and more established attorney, asked for a somewhat larger amount. We were ultimately paid in full, Bliss said, after noting that the town clerk who had objected to his bill had been the midwife at his birth.
Sidney had served in the Assembly. Bliss became a judge and was once considered for the Democratic gubernatorial nomination. He died at the age of 90 in 1982.
In 1930, Bliss was appointed to the state Supreme Court by then Governor Franklin D. Roosevelt. At 38, he was the youngest Supreme Court Justice.
He was then elected to a full 14-year term, presiding over the second indictment and second trial of the notorious Jack Legs Diamond in 1930 and 1931. In 1933, Governor Herbert Lehman appointed Bliss to the Appellate Division bench, where he served until 1945.
A Democrat in a solidly Republican district, Judge Bliss was not reelected. His defeat was a loss to the people, according to Irving Lehman, Chief Judge of the Court of Appeals.
In 1950, Judge Bliss was an unsuccessful candidate for the Democratic gubernatorial nomination at the state convention in Rochester.
He was supported by Upstate delegates and nominated by Cobleskill Assemblyman Sharon J. Mauhs, who served as Conservation Commissioner in the administration of Averill Harriman. Mauhs son Peter, today a Cobleskill attorney, described Judge Bliss as the most prominent judge from our area.
Judge Bliss continued to practice law in Schoharie County to the day of his death. The library at the county courthouse is named in his honor. Most of the books in the library are from his personal collection.