Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-12-17
PROTEST BY THE BANKS.
III, Disputed Assessment Comes Up
For Hearing Before Judge Zane.
TAKING OF TESTIMONY.
Deeision In the Erickson Divorce Suit.
-General orders Of the Third
District Court.


The principal feature In Chief
Justice zane's court today was the
taking OF testimony In the cases OF
four OF the city banks against
County Collector Hardy, on account
- aiI,g.d extensive nssessment nm
ar.,,-
thelt iespeo"'' Pi'P.i"'s' 'ho pH"Ns
In question nre tue Daaeret NATIONAL
the Utah National, National Bank OF
A.. pepubiio. md tim Comm,,,i.i
NV
NAllo""''
Judge Sutherland and Rawlins and
Cfitchlow appeared for the PLAINTIFF;
Co,ntv Attorn,y Nfurphv renresentad
49,. -,,-,,-
the oo'oo'Vi' T''i 'V'ao o"hs'ueino'u
delay, occasioneu by lnierp0elt0ns IN
regard 20 demurrer, etc., on the part
- COUNSEL Judye Entb.rlanl hri.a
80 ~ go -, ,..,..
htaleu ''o '"o.'' nv S''u 'n"' e"eh
bank hau Instituted separate suil,
and that OF the Deseret National
500, ars, takop mn. Tho ri.iutif,.
a.
As"eu '"' o' s''"' "'
injunotion restraining the tax colieo'
tor, Mr.. Hardy, from collecting the
,.,,. nsseas.d ayains, than ,e.,e,.
-,
uNey' i"e' A'''sou uis' '"eS "e'o
taxed lar greater than The amount lti'
pOsedupoD othermoneyed capital In the
Territory. Under the natiOnnlcurrency
aci permission was given 10 the cities
ana territories 10 ASSESS the shares ~
national banks on the condition that
such assessment 10 made ~ tho place
where the BANK does business, but IL
was laid down that they must not be
taxed AZ greater rate than other
monoyeu cApltai Ia the Ierrl'
tory. In thls territory, by n
statute paseeu IN loD2, all uebls secured
by mortgages, or trust deeds OF real
or personal property, were exempt rom
taNation. Counsel intimated ihAt he
proposed 10 snow ny evidence that Out
side OF the cnpitalOf inc banks, hatiouhi
anu territorial, 40 TO W per cent OF the
mOneyed capital was 30 secured anu
extmpt--that me exemption was ~
enacted that national banks got no eN-
cmption from II NJ al. Tbus, to the
extent OF the exemption there was an
unlritnuly DISCRIMINATION against cApi'
tai invested IN national bank shares.
The general facts stated IN tue
complaint were denied on tue
grounu or want OF Information,
tuihoient, perhaps 10 put Them In
issue, but not upon any knowledge.
The compliant stated that there are
ahoutsiS million dollars In mortgages
In this county ana about nine millions
IN the Territory, anu thnt that 10 a
larger partof tho moneyed capital Of
the Territory outside OF the capital OF
tue blnks. rms question tended 10
establish that, anu IL would be ma
terial point on the hnal Argument
whether this exemption was y no1'
friendly discrimination. Each OF the
banks look THIS further oxception-they
desired either TO obtain restraint
against the entire tax or TO tho extent
OF the excess. They Insisted that the
moneyed capital OF each OF them v az
assessed at It's fuil value, dollar for dol
lar, anu that the other taxable property
In the county was uniformly anu sys'
cent of IL real worth IA maj In,
banks were assessed excessively, 20 the
amount, ~ least, OF ~ per cent. finest
y
uence would Dc introduced Ihe Ter
nIorihl banks nleu their complaint OF
tue latter ground, oil Inequality
ia mo Naiuatioh, ana also OF
Tue ground mat they hau heei
denied The dement, OF inc exemption o
MORTGAGES, although the statute aoso
Iutely exompteu these from taxation.
county Attorney Murphy objected u
the admission OF any testimony on I'M
part Oh tho piainllis,for me reason Una
cient TO constitute a cause OF action
Counsel also interposed special olgec
uoh against me taxing OF any eVlusnc
as 70 the numoer OF mortgages helu 10y
tesiuenh o, Sat lake county, o.
mortgages from taxation aid not con
etitulesuch o discrimination agains
.ho nstiOnhI nahk shates as was con
smpia'sn ny the act OF congress.
~ ~ iu,nol county ,seotue,l, M'
were examined during the forenoon,
NrxTl
the Alon's savings BANK anu Ilul
company Vs. IT, j. Leonard collector
~ me tue o. hhother sur ia VA
uiIeg'loh o, ui,"seu .Aeesslvo assSs -
when The foregoing cases have bee
got rid of. IA the ARGUMENTS I'm Nh
iormer will, however, occupy som
time. Il IA very doubtful whether IA
Z.ou5s onfnnlnint will ma reached ID