Daily Los Angeles herald., 1879-08-23
Los ANGELES WEEKLY HERALD
Morning kilograms.
pass epxers doing south.

Passenxers doing south.
MoJAvE, Aug. CIV w Wilson
and wife, d D Whitbeck, f B Isett,
J G Wilson, Miss Rhendo. VIM
Hawkins, Pho Pico, Conn Deane,
Ell Baldwin, B J Drew, E 9 Ben
jamin, A S Ferguson, Mrs c
Brown.
WASHINGTON, August 20.-The
claim for $1O3, 900 damages on ac-
count of Illegal interference with
American fishermen at Fortune
Bay, which has been presented to
the British Government, Is not the
claim for the restoration Of that or
any other part of the Halifax
award upon the ground of non-ful-
fillment of conditions.
rhs Paine D-faucation.
FALL RIVER, August 20.-The
American Linen Company lose
: $l59, 900 by the defalcation OF Paine,
3 their third treasurer. 1t appears
that from 1866 to the present time,
Paine has been indebted to the
mill in amounts varying from ST.
900 to $4,000, and of this the di-
rectors were entirely ignorant, the
excuse being that Paine In his
statements includes all his ac-
counts in his items Of accounts re-
ceiveable.
The suis for Faxes AgHfnst the pa
ellie Mat Company.
NEW YORK, August 2l.- Judge
Potter, in the Supreme Court
Chambers yesterday, announced
his decision upon IA motion to con
/. slider the temporary injunction III
a suit brought by the Pacific Mail
Steamship Company against the
: city, to restrain the city officials
3 from executing a warrant issued to
collect a balance unpaid (about
800 O0O) of tax of $l66, 900, I'M
posed upon the Company's personal
property for 1874. Judge Potter in
his opinion says: The gist of the
complaint is that the assessment
roll was not verified by the oath of
!, the Deputy Tax Commissioned nor
of the Tax Commissioner, and that
by reason Of such omission the as
!: sessment of plaintiff is illegal and
void. The defendants do not, in
4 their affidavits in opposition to the
! motion, assent, nor in their argu-
E ment upon the motion contend that
the assessment roll was in fact
p verified by oath. The contention
of defendant is that no verification
by oath is required, and that If
+. such oath was necessary bill in
equity to restrain its collection is
not the proper remedy, and If it
were, defendants are esstopped
from resorting to it or any other
remedy by reason of the judgment
= of the Court declaring this identic-
| al assessment valid and enforcible
by certiorari proceedings to test its
validity between the parties to this
I action. am satisfied that it the
assessment roll is to be verified by
any one, it is to be verified by the
Deputy Commissioners, and COM
pleted and delivered by them on or
J before the 1st day Of April in each
year. A writ of certiorari was is
sued on the LIST day of July, 1874,
and the Comm issiOners made q re-
turn that they completed the as
sessment rolls on the first Monday
OF July, delivered them to the Su-
pervisOrs, and among other things.
particularly setting forth q copy of
=, the entry on said hook and said as
sessment roll affecting plaintiff,
which return was dated January
=, 1875. From this statement II
will appear that the returns to the
certi0rari did bring up, or might
have brought up, all the proceed
| ings for assessment Of plaintiffi
certainly the assessment rolls
| with or without the oatbs of verifi
cation, for the consideration anC
| Judgment of the Court re
! viewing such assessment pro-
ceedings. The judgment Of thu
Court of last resort in this State
and afterwards of the Suprem,
1 Court of the United States, was Il
the effect that the assessment II
question was legal and that the tal
should be paid by plaintiff, ant
that Judgment remains In full fore,
md is final. There must be an ent
of litigation when the parties hav
or might have had judicial deter
mination of the subject OF legal dis
pute. The judgment irrevocabl.
establishes all matters questiOne'
or questionable in tie proceeding
but IL plaintiff was not estoppe
from raising the question of the lie
gality of the assessment, the forl
OF remedy chosen in this cage can
II not afford the relief sought. Tn
complasnt must show, in order t
be entertained in equity, that tn
action will prevent multiplicity {
aclicus. or irrepara BILE injury to tn
ueehold, or that extrissic evidenc
il required to establish the inviols
bility ofthe lien of the assessment
IL will hardly be pretended ths
lhe facts set forth in the complain
III In this action make a case with
X either of these exceptional classes
n The Temporary injunction shoul
IA be vacated and the motion for II
"a continuance denied, with $40 cos
N OF motion.
X Bsricke en n emphis.
New YORK, August 21.-Men
.ln o,aoto In ofota that the How