Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-12-23
State Normal school-Agreed Case De-
cided,

State Normal SchOOl-Agreed Case De'
cided.
SAN JOSE, December 22d-The Trustees
of the State Normal School met this after
noon, with Governor Perkins as Chairman.
A very important agreed case was decided
in the Superior Court, sitting in bank, to-
day. e. G.. Harrison made application for a
writ of mandate to determine the validity of
the law assessing bank stock. The defendant
is Tax Collector January. The application
read nearly as follows;
WHEREAS, There exists doubt as To the rights of
the Tax Collector of the county OF Santa Clara to
collect State and county taxes levied upon shares OF
stock in the First National Gold Bank OF San jose
Comes therefore c. G.. Harrison, one OF the stock
holders of said bank, and William A. January, Tax
Collector Of said county, and agree upon the follow
ing facts and respectfully submit the same to the
honorable Court that the rights and duties Of the
parties hereto may be iudicially determined
First-That the First National Bank is corpora
ton, duly organized ETC., with capital stock Of
$4,000, divided into 500 shares, etc.
Second That c. c. Harrison, the plaintiff, Is the
owner of 200 shares of said stock, etc.
Third That William A. January, the defendant,
is the duly elected, qualified and acting Tax Collee
tor OF Santa Clara.
FourthLThat H Fairfield, as the duly elected,
ETC., Assessor of Santa Clara county, assessed said
200 shares of Harrison in the following manner, to
wit The assessable value OF said stock was ascer-
tanned by taking from the market value OF the whole
number of shares in said bank 5000 shares, which
was found to be 1875 900. The value of all the
property assessed to said bank which was its real
estate Alone valued and assessed at S6 $780, and
dividing the remainder by the number of shares
into which said capital stock IS divided to wit 500
shares Said Harrison was then assessed on said 200
shares s12,722.
Fifth-Ihat there was levied for the year 1880, for
State and county purposes tax rate OF 81 90 upon
each 500 of property, etc.
Sixth-That on the Goth day of December said
Harrison rendered to said January the SUM- OF Sll,-
SOP, that being the amount of all the State and
county taxes for the year $780, except the tax upon
said 200 shares of bank stock and said January then
and there refused to receive the same, or any part
thereof until Harrison should also pay the tax upon
said shares, amounting to $50 so.
SeYenth-That there now, and for more than
one year last past have been, five banking nstitu-
tons in the county of Santa Clara organized under
the laws OF the State, none of which said banks
were assessed by said Assessor by reason CT the fact
that under the laws of the State all the assets of
said institutions as5essabe to the institutions
respectively no part of the capital stock being in
vested IN United States securities, and the assess
able assets of said bank being found by said AS
SCISSOR to be equal in every instance to the market
value of the whole capital stock of the banks re-
5pectively.
Wherefore Harrison hereto respectfully prays that
the difference may be judically determined and
that the Court grant such relief In the premises
may be Just and equitable.
The case was argued for plaintiff by L. J..
Kinds, District Attorney J. III. Campbell
appearing for the defense. A decision was
rendered favorable to the plaintiff.