The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-11-30

NEwBERRy, s. O., November 1s.-Ths
Court of Common Pleas adjourned sint
die to day: Judge Hudson left this af-
ternoon for his home. He rendered 6
decision to-day in case that will be o.
interest to the public.
A great deal has been said lately about
the assessments of banks at the market
value of their stock. The National Bank
of Newberry has always returned it,
stock at par, s15O,0OO. The market value
is about $3.50 per share. The comptroller
general ordered the auditor to list the
stock for taxation at $3.50 per share,
thereby increasing the total return of the
bank ssO,0OO. The bank made applica-
tion to the auditor to reduce this assess
ment, and upon his refusal application
was made to the comptroller. general, and
he too refused.
On Monday petition was fled before
Judge Hudson asking that writ of man.
damus issue to compel the auditor to re-
duce the assessment. An order was is
sued and served upon the auditor to show
cause why the writ should not issue. The
case was heard this morning.
Yesterday afternoon, in response to a
telegram from Gen. Ellerbee, Auditor
Cromer went to Columbia. He returned
this morning with Assistant Attorney
General Townsend. and submitted,
through his attorney, his reply to the
rule to show cause.
The auditor, in this case, has been act.
ing in response to the orders and com.
msuds Of the comptroller general. The
Newberry bank, I believe, is the first to
take action in this matter.
Judge Hudson said as it was q matter
of some importance he would announce
his decision at once, and later, that he
would file it in writing, giving bis reasons
therefor. he held that the township
board of assessors and the county board
of equalization having adopted the valu.
alton of the personal property Of the
bank fixed in the return of the board
$3.50, 900, the comptroller-genersl had no
authority under the law TO raise that as
sessment. That his order TO the county
auditor to add $4,000 to the assessment
was illegal and nugatory. That the
county auditor was therefore under no
obligations to obey that order and acted
Illegally in obeying 1t. He held there
fore that the auditor should correct his
last tax list and tax duplicate as they
now stand 80 as to restore the original
valuation of the property and make the
corresponding reduction in the tax paya-
BILE by the bank, and ordered that writ
of mandsmus be forthwith issued by tho
clerk Of the court, requiring the auditor
to make these reductions.
The position by Mr.. Townsend 10 his
argument was that the auditor could not
now make the correction or reduction as
the tax duplicate had already passed out
of his hands into the hands of the Treas.
urer.
The case will be taken at once to the
Supreme Court. An order was passed
in accordance with this decision directing
the clerk to issue forthwith the writ of
maudsmus and it will very likely be done
tomorrow.
The decision of Judge Hudson is vic
tory for the banks, and it has reason and
justice on its side. Judge Hudson re-
marked in rendering bis decision that
whether the return of the bank was too
high or too low was not the question be-
fore him and he bad nothing to do with
it. he had only to decide whether, uu.
der the law, the auditor had the right to
raise an assessment after 1t had been
made by the party and passed upon by the
township board of assessors and county
board Of equalization, the legally con.
stituted authorities to change or correct
returns. s.-Colunsbia State.