The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-04-16
MAY PARALYZE 1T
D0LEFUL STATE OF THINGS NOW
THREATENED IN OKLAHOMA.

THRbATEhED IN UkLAH0MA.
Territorial judges are Differing as to the
Injunctions to be Granted Against the
Illegal Raise of Valuation by the Terri
toriaI Board of Equalization and a
Guthrie Newspaper Thinks That Unless
Judge Dale is Sustained the Whole Ter
ritOry VIII be Knocked Out Flat for
Want of Funds.
Guthrie o. T., April 15.-The vexed
territorial hoard Of equalization matter
is up in Oklahoma again and this time
In a serious light. The territorial judg-
es have had several suits brought be-
fore them against the increased valua-
ton Of property in the territory by the
territorial board Judge Dale held that
the board had no right to do it but as
It had been done he would grant more
lief for this years levy. Then Bierer
decided that the board had no right to
do 1t and granted an injunction. This
was going further than Dale and caus-
ed a goo deal of uneasiness over the ter
rstory.
Now comes Judge McAtee and grants
an injunction. He issued the following
order Saturday restraining the collec-
ton Of taxes from the plaintiffs. about
two hundred in number The court
has not yet issued final decision on
the 40 per cent raise, hence, the court
has res trained the issuing of tax war
rants until the case is decided. Here
Is the order in full:
Henry Heithhot, ct al, Plaintiffs,
vs.
Ed Gilroy, county treasurer, Defendant.
JOURNAL ENTRY.
It appearing TO the satisfaction of
the court, that Ed Gilroy, treasurer
Of Garfield county, o. T., has issued
MS notices to plaintiffs, wherein he
threatens to levy upon and seize and
sell the property of plaintiffs to pay
taxes, alleged to be due for the year
A D. 1895, and this action being brought
to restrain the collection of said taxes
and it further appearing to the court
that a good and sufficient bond has been
given and approved herein, and that
this cause is still pending in this court
undetermined;
II is therefore ordered by the court
that the said Ed Gilroy, treasurer, his
agents, servants and attorneys, be and
they are hereby restrained and enjoin-
ed from issuing tax warrants againsht
the plaintiffs, or any Of them, and from
seizing or selling or in any manner or
form intermedling with the property of
the plaintiffs, or any of them, for said
alleged taxes, until the further orders
of this court in the premises.
JNO. L. lM'ATEE, Judge.
J. c. MiCLELLAND, Clerk,
Filed this 18th day OF April, 1895.
This has frightened the Guthrie Cap
ital into drawing a most doleful and
alarming picture. The Capital says
that the sustaining of Dale's position
Is mandatory. II says:
The Democratic equalizat ton board
In the raising of the territorial valua-
ton Gid the only thing which could
have upheld the credit of Oklahoma
Had 1t raised railroads as well as pri-
vate property, and then inaugurated
a method of official notices to city,
township and school district boards,
80 they could meet and lower the tax
levies to fit the rise In valua ton, there
could have been no objection to the in
crease. The equalization board should
have started right also by lowering
the territorial tax levy commensura te
with the raise of valuation. But it
doubled the valuation and at he same
time placed the territorial tax levy at
the statutory limit. The general coun-
ty tax, being levied afer the finel equal
liza ton, not a cent more of county tax
was levied than would have been had
there been no raise.
THE levies, under the increased val
ua,tion, were extended on tn tax rolls,
became due and the most of the people
have paid the first half. Many who I'm
fortunately did not have the resources
to pay when half could be paid, and
against whom tax warrants We're is
sued, have been forced TO pay the whole
Of their tax for 1895. Less than 200
taxpayers in Logan county attempted
to fight payment of taxes on this valu-
ation-and these, failing to get an in
junction, finally made payment of the
5rst half or all. AS the record now
stands, the first half of the tax of 1895
has been mostly paid. every payer
thereby acknowledging quiescence TO
the obligation. Judge Dale declared
they had lost their day in court by tar
dy action; that they had ample notice
and should have begun legal action be
Tore the taxes became due This po-
sition the supreme court will be very
apt to sustain:
IN Noble county less than fifty tax
9eyers resisted by legal process this
payment OF taxes, and this long after
the taxes We're due; in fact, begun ac-
fion about three weeks ago. Judge
}Bierer granted a permanent injunction
This relief applies only 10 those IN the
petition. The hundreds Of others who
have paid half or all of their taxes get
no benefit; allthey can do. if the injunc-
ton is sustained by the supreme court
Is to sue the county for tax resultant
from the increased valuation. Not five
men in the county have tax enough 10
Justify such suit. But very few can
be ben efitted-only those who have
thus far begun acriOn-by a voidance Of
the raised valuation; the injury Will eX-
tend to the concerns of every depart
ment of government. from territorial
down to school district The terrific
~ was AT the legal limit when the new
valuation was recorded.
The placement Of the valuation at
E9, eco instead of $50. 600 600 viii lille
galiZe every warrant issued by the ter
ritoTy since that time, for legal war
rants cannot be issued against false
limit created 5y unlawful valuation.
The district judges have issued bonds
under the new limit created by this
raised valuation. Wiping out OF the
raise viii ileCalize these bonds. Cit
les. townships and school districts
which had reached the limit before this
increase in valuation. have issued bonds
and warrants certified 10 be within the
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