The Providence news. (Providence [R.I.]) 1891-1906, 1894-10-30
HEARD IN COURT.
The East Providence Tax Dispute
Before the Appellate Division.

The dispute concerning the East Provi-
dence tax assessment has finally cuimi-
mated in the filing Of bill OF COM
plant in the appellate division
of the Supreme COURT, pray
ing a temporary writ of Injunction
collector of taxes, and further praying the
issuing OF a writ of subpoena command
ing George Il. Hunter and the town OF
East Providence TO appear before the
court TO answer the allegations OF the bill.
The court has issued the subpoena, return
able Saturday, Nov. 3, 1894, at 10 O'CLOCK,
and has further ordered that in the mean
time and until the hearing OF the prayer
for preliminary injunction and an order
thereon, the respondents be conjoined in
accordance with the petition.
The complainants in the bill are Will
liam III. McTurggin, John IA. Kenna,
William Il. Watson and George j. Norton,
all taxpayers of the town of East Provi-
dence. They are represented by attorneys
Bassett and Mitchell. The bill OF COM
plant sets forth the following:
That at the annual town meeting OF the
town of East Providence, held April 8,
1894, the qualified electors of tho town
voted that tax for town purposes be
levied and assessed at the rate OF $l.20 on
each sl00, TO be paid TO the collector on
or before Nov. %, 1894.
That the tax assessors gave no notice OF
the time and place OF their meeting, as
provided by statute, but proceeded to
assess the tax on the ratabe property in
the town and did so assess tax upon the
property of tie orators and the other tax
payers of the town.
That, therefore, the pretended assess
ment is null and void and that the war
rant in the hands Of the collector, q. f.
Hunter, does not authorize him to
collect the pretended tax, yet
the defendant is proceeding to collect the
tax aud threatens the complainants with
the sale of heir estates and the estates of
all others who fail and have failed to pay
the alleged illegal taxes.
1t Is therefore prayed that the defend
ants may, IL they can, show cause why
the orators should not have the relief
requested in the bill, and that
from further collecting the taxes assessed,
and from selling the estates OF the orators
or the estates of any persons in whose
behalf the suit is brought. Therefore, a
writ of injunction and the writ OF SUBJ
ppna are prayed.
The Appellate Court held brief session
this morning.
The case Of Peter McGough, administra-
tor, VS.. James Hughes ct al, TO obtain
property left under the will of Margaret
Gillen, was re-sssigned and also the
case OF the Municipal Court of Providence
aginst Catherine A. McElroy ct al,
brought on q demurrer. Another case
has been assigned to tomorrow's calendar,
23f6, Clement ID. Champdelaine VS.. d..
l.. Handy ct al. Lee & Tillinghast appear
for the complainant; and j. w. Hogan for
the defendant.
In the Common Pleas Division the suit
of Blessing against the City of Providence
is still pending, the defendant this morn
ing introducing testimony TO show that
the accident was due To no negligence on
their part.
Before Mr.. Justice Wilbur, also in the
common pleas division, several causes
were called and passed.