The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1891-08-20
THE INJUNCTION CASE-JUDGE
GRAVES OPINION.

The plaintiff In this suit seeks to en-
Join defendant from making sale Of Ger
tain real estate, which defendant, a. city
marshal and delinquent tax collector,
threatens 10 sell for certain taxes, alleged
70 have been levied thereon, in the year
1890, BY the city Of North Yakima, Wash
lngton.
he cause was heard upon the allega-
tons Of the complaint and answer, and
upon what purpoFts to be record Of all
The proceedings Of the city council,
board Of equalization and city assessor,
concerning the assessment, equalization,
levy and collection Of the taxes for the
year. 1890. This record was produced
under stipulation Of counsel, that 90
much thereof should be received and
considered as the court shonld deem
material and competent.
In the decision Of this cause l shall
proceed as though Il admitted that In
junction is the proper remedy, where an
illegal sale for taxes win cast . cloud on
title. A court Of equity will avert, Is
well Is remove, . cloud on title. / do
not understand this 70 be disputed here.
Plaintiff, in his contention that the
taxes levied for the year 1890 are Illegal
and not now cOlleetable, assigns in effect
the following reasons:
l. No assessment roll was filed In the
city Office Of the city assessor a. provided
by law, for the reason that the city a.
SCISSOR failed TO verify it BY his afidavit.
2. That the taxes were not equaliSed
for said year, a. there l. no proof Of such
equalization, inasmuch Is the board Of
equalization failed to make and keep any
record Of il proceedings a. required by
law.
9. That the city council levied no tax
for said year, because Il failed TO estimate
and Determine the amount Of money to
be raised for the city Of North Yakima
for that year, but only agreed upon . rate
Of taxation.
4. That the city collector has M authoF-
ity TO collect said taxes, because the city
clerk failed 10 afix his warrant for the
colleeuon 'ne'e0' 70 'ns u"Pi'cA'e
ment Loii'
o. An.' NO s1'9 O1 ~ ~
cause the city maTshal failed 70 give
noace and commences tne Sa'e Oe'O'e 'ns
sconu M0n'Ay N June;
nov u aemis.eo " eOunsel iOl "
'enaant that .ne oe'ectS IN .ne az p.0
eesoinsS' no'eo Oy eoan.S, 'ol p'-ln'In'
90 e.is.' Out NJ 0onsshus 'Is' my He
Dos inlo'nAtes wnieh soula Iouoe. ny
sAie ioI taAe, inValio. Ano 'na.' eAc'P' =
70 tno n.y. p'hnun ne,e can '-As ~ "a
esP.lOI ,nu y sn.''lS1 v ~ .SuS.' =
caeSe ns ~ MOI s"Oua n
"nA' y the Iuie' Aio snS ue'oo'S -
msie lnlofn.Iue' OF ne tnsy saon u
Isc~ = SOolo IenoeL s.As 'nsAnu unus-
tne p'oeesoln.s hAo .os' u Ine nv
wOaiu DC lnNAlo' PlAinun " eh''s'ou W
tos lnlunesioa P'Ayeo'
Inc monlapaI corporation, me s''y %
NORM 1akima' mas oeea clotneo WIN
PouS 70 imPose end eoiiec' taAes q "
dla.'ess ana sac o. pIOpsly, and, cum
Si'hin ~ cnarteF' the Guy mas PROVIDES
~ OSolnAnce Pecinc $40 Oo"P's..
mooe iot snen eoileC.,on' ano tnS mus
% iOaiONeo 20 tne eAc'us'on u my o'1eI'
imuAl psinsiP'e IN uA s.lss'
tnA1 tne PowS 70 seh mus u S"'C''S
PSoeo' u inc sAles are volo'
In an H pare pfoeeeoins, sAie o
lana ior AHes' enoef especial authority
e gwen py cnartel ano ordinances O
tnn city' sreat stlletnsss y required tc
diVest an individual o. his property
asalnst ms consent every substantial re
quisise o. me iAw must Dc eompiled WIN
a series Of acts preliminary IN the'l
character are required oy the law 70 pre-
eeae ne execution Of the power Eacf
and every STEP nom the assessment o
the property Tor tAxatlon 70 the eonsum
nation Of the sale, = sepasats and In
dependent iact' All Of thee teets mos
exist and II any material LINK In w
enaih = wanting, me whole Y deisciV'
i@ want o. sutncisnt authority to sup
port T.
IL balso thelaW, TOO Uell settled 70 nee'
. citation Of particular authority, thu
when . statute under which ale
made directs . thing TO Be doas or pc
s0ioes the form, time and manner q