The record-union., 1894-02-10
TEE Won LOBEN sells suit.
1t will be Called in the Circuit Court
Next Monday.
Some of the Grounds on Which the
District Attorney will Defend
the Assessment.

District Attorney Ryan and his assist
ant, j. Charles Jones. are hard at work
preparing for the contest of P. J. Won
Loben Sels' suit against Sheriff O'Neil to
enjoin that official from selling the
plaintiffs valuable property near Court
land for unpaid taxes.
The case will be called in the United
States Circuit Court on Monday next,
and Mr.. Jones will appear in person on
behalf of the county. Won Loben Sells,
being foreigner, is entitled to contest
the matter in the Federal courts. He al
leges that Assessor Irvine has taxed him
arbitrarily and beyond the taxable value
of the property, yet he had regularly paid
his taxes up to the present year.
The answer to his complaint, that will
be made by Mr.. Jones, is as follows, after
reciting the title Of cause. etc.:
THE ANSWER. sss .ss,.s.5
j. NJ. Morrison, William Curtis,
Thomas Jenkins, }. w. Todd and NJ.
Miller, each being severally duly sworn,
each deposes and says for himself and not
one for each other that each of said j. NJ.
Morrison, William Curtis, Thomas Jenk-
ins, j. w. Todd and NJ. Miller at all
tlul0S SlIlc0 Lue udy OF JauudFy, 1898,
has been and now is duly elected, quail
ified and acting Supervisor OF Sacramento
County. Stale of California, and as such
they alone composed the Board of Super
visors during the year 1893, and during
said year composed and acted as the
Board OF Equalization of said Sacramento
County for 1898.
That on the I1th day of July, 1S93 and
on July II, lS93 said Board of Equaliza-
r Iii,
dates in regular session, duly heard and
considered the matter of the application
and petition of said complainant, p. J.
Won Loben Sells, for reduction of the
assessment of lS93-94 upon the lands of
said Won LOben Sells i'll Pearson Recla-
nation District in Sacramento County,
being the same lands described in the
bill of complaint herein; that during said
hearing of said matter said Won Loben
Sells was represented by and before said
Board of Equalization by counsel, to witt
On July II, 1893, by Judge Adama and
w. a. Gett. Jr., and on the 18th day of
July, 1898, by counsel, w. A. Gett, Jr.
That the action of the members of said
Board of Equalization and OF said board
as correctly recorded by and in the min
utes of the proceedings of said board of
July 1lth and July II, 1898, and said min
uteS of said dates correctly and truly state
all proceedings had and action taken in
said matter; that the vote of each of said
members of said Board of Equalization
and the resulting vote of said board in
and upon said matter of the application
for reduction of said assessment was
had solely upon the sworn evidence ad-
duced before said Board of Equalization
on said July 11th and July II, 1893, and
by consideration of the arguments of
counsel therein made.
That there is and was at no time by
said action of said Board of Equalization
or otherwise, any desire of said board to
punish Won Loben Sells for or upon any
account, and said action of said Board of
Equalization in denying said application
of Won Loben Sells for reduction of said
assessment of 1884 was had and taken
fairly and honestly and with no intent
and no desire upon the part of either of
aftiants to discriminate against, oppreSs,
wrong, injure defraud or damage said
Won Loben Sells or any other person or
corporation, and atfiants state there was no
such intent or desire to oppress, wrong,
injure, defraud or damage said Won
Loben Sells. Affiants say that said Won
Loben Sells was not in any manner or at
all wronged, injured, defrauded or dam
aged by their said action upon said petit
ton of Won Loben Sells.