Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-10-16

o-aaA AA-AAAtA lA-A ANlNE AG=HTltHsHl.
"ith-rhe parties plaintiff u this
action are very numerous and il j.
lmpracticable 10 bring them ali be-
fore this court.
18th -That the defendant. T.. q.
Hardy, Is the duly elected, qualified
aud acting collector in the county Of
salt Lake and Territory Of Utah.
''jth-rhat the said board Of edu-
cation was duly elected on the
second Monday II July, 1899, pur
suIni 10 law, and thar afterwards.
p.ior 20 the SJth Of July, 1879, gual
iiie.i and entered Ip0n the duties n
said board.
''5th-rh5t J. u. Walden is the
treasurer Of the city Of salt Lake
and % the said board Of education.
''sth-rhlt il Is the duty Of l.. +.
Hardy to collect the special school
tax ASSESSED as hereinafter set forth.
''9th-Th4t the defendants, the
board Of education Of salt Lake
City, and J. d. Walden, treasurer
Of said board, claim % l., entitled
10y law to receive and collect all Of
the said special school tax herein
after mentioned.
go That prior 10 December, 1859,
said school district was indebted in
the sum Of $500 As a balance due
for the erection and equipment Of a
new school building.
''lith- Thai on or ab0u; December
Is, lss9, the tax payers u said
school district, a. a meeting duly
called for that purpose, in Accord
ancc with the statutes Of this Terri
Tory then IN force, ASSESSED special
school tax Oi one per cent upon all
the taxable property Of said school
district for the purpose uf paying
the balance Of the Indebtedness
upon said school house, amounting
to $500 and for no other purpose.
"l2th-rhat said assessment was
based upon the assessed valuation Of
the taxable property I'm said district
tor the year l>aI, which valuation
was about S5Dl,ODl, ] Per cent Of
which valuation would have been
ample 10 pay the Indebtedness Of
slid district.
"I3th-Th.,t through 10 fault Il
the plaintiffs, the taxable property
in said di-t-iCt vas Tor the year
1899 assessed a. 81 .542 i0lhy the as
SCISSOR Of = 1t Lake County.
"lith-That thereupOn the asses
sgr and collector OF said county
made a levy for special school pur-
posts Of l per cent upon all the tax
able property in said district, rs val
upd by the assessor, which levy
will. il collected, compel the tax.
myers OF the saii srh1g! district tu
paw the sum Of SlDF44 in eXcr-s OF
the amount actually necessary o.
ray the balance Of the Indebtedness
IL said district and in excess Of the
amount which they intended 10 as
sess and pay.
..l4IE-Iuat the assessment OF !
per cent rs above referred % and
made 10y the taxpayers Of the E!ey-
euth school district was made
through a mistake of fact in this,
that they believed the assessed valu-
alton of the property in the district
would not materially exceed the
sum Of $4,000 that had they
known the true assessment vaiua-
ton Of the taxable property IN said
district they would have made an
assessment Of not to exceed ! mills
ON each dollar OF such valuation.
GI5th-That on the 18th day Oi
July. at a special meeting OF the
taxpayers Of : all school district, the
taxpayers voted To reduce the a.
sessment 10 mills, and by their
agents duly appointed, requested the
county board Uf equalization 10 re
dtIc- the assessment 10 ] mills on
each dollar of assessed valuation.
.i7th-That the county board re-
fused % r. luce said assessment.
"ls.h-That the plaintiffs herein
offered to pay a tax OF J mills on
each dollar O: assessed valuation OF
property in said district or such n
per cent a will he necessary 10 raise
the sum Of > 800.
"lg.h-rhat tax Of four mills
will be ample to pay all the indeai-
ednuss Of the district, 10 Wit tine
sum Of $500.
..2lth-That If the collector Of the
county be allo we'd TO collect said tax
50 assessed by mistake as above set
forth. il will result in a great injus-
ticc to the taxpayers Of said dislric;
and will cause an irreparablc injury
ia thi-: that the excessive amount
- collected will under the laws Of
Utah Territory, as they now exist.
insure to the benefit Of all the 81 =
zens Of salt Lake City, and only
Indirectly will any Of the benefits
iuure to these plaintiffs.
"2Ist-That il the collector be al
lowed toc0llect the said tax, 1t viii he
contrary 10 the intention Of the tax
paycrs who made said assessment.
Wherefore, tie plaintiffs pray
that Collector Hardy be restrained
by Injunction from collecting any
special school tax from the taNpay-
crs OF said district in excess Of )
mills on the dollar Of the assessed
valuation OF the property in said dis
trict. and that the assessment lie de
creased from l per cent. 10 ! mills
Stephens 4 Schroeder are the al
torneys for the plaintiffs.