The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-04-05

Raise the Rate and the Court at Guth-
RE Says Decidedly-But the Court
Also Decides That There is Now No Re-
lief for the Tax Payers Because Relief
to Them Would Almost PROSTATE the
Machinery of Government and Law In
Oklahoma.
Guthrie, o. T., April 4-In the Uni
ted States district court yesterday the
case Of George Gray, ct al VS.. Joseph
Stiles, county treasurer, ct al. involving
the 45 per cent raise made by the ter
ritorial board of equalization, came up
for hearing, on demurrer TO the answer
before Justice Dale. Attorney Horace
Speed represented the plaintiffs and
County Attorney Harris Huston ap-
peared for the defendants.
This case created great interest at the
time ii was filed and its outcome effects
the whole territory
The counsel argued the case several
hours and the court delivered his opin-
ion at 9 o'clock last night, the opinion
being oral.
The court held that the territorial
board of equalization had no right. as
a matter of law, TO take the action
they did in raising the valuation and
that the action was unwarranted from
a legal standpoint.
But he further held to grant the re-
lief prayed for now by these particu-
lar plaintiffs would work a discrimina-
ton in their favor and an injustice to
the public at large-that is since these
a1af = h.
suits. they alone would be benefited,
while those who had not instituted
suit and had paid their taxes together
with the raise made by the board of
equalization, would be unjustly harmed
The court held that the proper thing
for the parties who sought relief, would
have been imm ediate action a I the time
the equalization board was in session,
and not until after this increased valu-
alton had been spread upon the tax roo
and the levies made.
Judging from the ideas advanced by
the court, the relief would have been
granted had this method been pur-
sued. This will serve as a suggestion
TO parties who desire to take similar
action in the future.
The court held that to grant the
relief now sought would result in stop
qing the wheels OF the government and
even impede the grind of the courts.
In a word the decision of the coprt
allows the raised valuation to stand
for one year. At the end Of that time,
when levies are being made, is taxpay-
ers demur to paying the increased tax
alton they can seek relief.
In the case of the Guthrie National
bank, involving the same questions.
the court granted the temporary in
junction on the sole ground that no
notice was served, as is required by
law, before the tax was sought TO be
collected by the sheriff on tax war
rants issued by the county treas
urer. Attorney S. i. Overstreet ap-
peared for the plaintiff.
In the case Of Logan county VS.. s. s.
Lawrence, probate judge, to compel
the defendant TO turn over all fees in
excess of S1,250 to the county treasurer
the court sustained the defendants de-
murrer. The case was appealed.
FIGHT WITH OUTLAWS.
Ed Bowman one of the leading citi-
zens Of Oak Lodge, near South Meal
ester, was shot in the arm by outlaws
Monday. Bowman and a man named
Walker made a raid on the outlaws
house and folund Lee Taylor and an
other one of the robbers within. Tay-
lor showed fight and began dancing
around the room, apparently to dodge
any bullets from the invaders guns.
But while engaged in this exercise he
was also endeavoring to get his gun
from under blouse he wore. For a
space of a few minutes this diversion
was kept up. All the time Walker and
Bowman were keeping their guns ready
for action. Taylor at last got his pis-
tol out and quick as a flash fired. The
bullet struck Bowman in the arm, in
ficting a painful but not dangerous
wound. Bowman and Walker both
fired at Taylor and he fell dead at their
feet The other robber who was In the
room while the shooting was going on
made his eScana