The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1892-05-04
THEIR PLAN OF DEFENSE,
County Attorneys in the Corporation
Tax Suits.

Sixty or more attorneys representing
the counties OF the state affected by rail-
road companies refusing to pay their in
creased tax assessments met in the attor-
ney-generaPs office Monday morning.
The call for the meeting was issued by
Arthur V. Brown, attorney for Marion
county and set forth that it was to agree
upon plan of action for the defense of
the suits brought by the various corpora
tions TO enjoin the collection of taxes
claimed by the companies to be illegally
assessed. Attorney General Smith first
addressed the meeting, stating that the
conditions of assessing railroads and other
corporations had not changed, expressing
confidence that the validity of the statute
would be sustained by the supreme court
of the United States since it was a copy of
the Illinois law that had been successfully
tested. When the meeting was called TO
order Col. Alden G.. Cavins of Greene
county was called to the chair and John
T. Beasley of Sullivan county was chosen
secretary.
1t was decided + save the arrangement
of the cases to committee composed of
Acknowledgement Smith, W. a. Cullop,
Knox county; r. c. Bell. Allen; Arthur
V. Brown, Marion, and Samuel Il. Hamlll,
Nigo, who agreed upon the following:
Your committee would respectfully report
that the following are the cases thus far
brought: Chicago & Eastern illinois railroad
company and Indiana Block Coal railroad
company VS.. treasurers of Clay and NigO coun-
ties, and Chicago & Eastern Illinois railroad
company and Evansville, Terre Haute "
Chicago railway company VS.. treasuren OF
Parke, Vigo and Nermillion counties, and
Chicago & Eastern Illinois railroad company
aud Chicago & Indiana Coal railway company
VS.. treasurers OF Nigo, Clay, Parke, Fountain,
Warren, Benton, Newton, Jasper and
Laporte counties. The above cases are
pending in the Nigo circuit court.
In the superior court OF Marion county the
following have been filed: F.. c. & ST. /. rail
way company, /. & d. railway company, Union
railway company. c.. c.. c. q 81. J.. railway
company and w. u. telegraph company VS..
Victor VI. Backus ct al. IN the u. :. circuit
court the suits brought are u. X. d l. railroad
company aud the Panhandle against the
various counties through which these roads
run. Also the Pennsylvania company We. the
counties through which the p. Ft W. Il G.
railway passes.
In the Lake circuit court the cases are the
l., n. A. IL G. vs.. tre1snrers through whose
counties the road runs. The B. & o. road VS..
the treasurer of Porter county ct al. is in the
Porter circuit court.
As a first step in the conduct OF the litiga-
tiOn recommend that separate pleas in
abatement be filed by each county where such
is brought against it in another county in order
to test the jurisdiction of the court. That the
question of jurisdiction in the u. 5. court be
also raised by proper pleas. We recommend
this action also in the OF the w. L.
telegraph company.
Your committee would further report that it
is not deemed practicable at this time 10 make
any definite arrangement for the employment
Of special counsel, and that the several county
attorneys arrange to take care OF the counties
interests until after the jurisdictional questions
shall have been disposed of.
The case in Lake circuit court has been con.
tinued, to abide the decision of the cases in
Marion county. We recommend that the cases
in Vigo county be passed until after the argu-
ment in the Marion county cases and there
after further agreement be made TO the
hearing of those cases. We think it important
also that the question OF jurisdiction liz the
u. y. court be carefully looked into and pre-
sented.
4 special form OF pleas in abatement to
be fled in counties outside of Marion on
the ground that Marion county courts
have no jurisdiction over other counties
was agreed upon, copies being furnished
to all interested. A general discussion
arose over the necessity of employing
special counsel to assist Attorney General
Smith and John w. Kern. Itwas decided
finally to employ r. @. Bell. L. b. Sellers.
S. X. Hamill and Hiram Brownlee 10 rep
resent the counties at large in assisting
the side Of the state. The meeting then
adjourned, but most of the attorneys pres
ent will attend the suit in the Marion su-
perior court, full term, which will be
tried Nav 10.