Daily capital journal. (Salem, Or.) 1896-1899, 1898-03-11
EQUALIZATION BOARD MIDDLE.
Is Made Defendant in Three Cases Be
fore Jutge Hewitt.

u ~
fore Ju6ge Hewitt.
Judge Burnett today recOnvened
/ Department No. 2, Of Marion county
circuit court. The three cases agaiDst
I the safe board of equalization, two
| Of which are grits 70 review proceed
ings, and the third an Injunction
suit, were called at g a. m. Attorney
/ Wint Minor, Of the firm Of Cox, Cot
/ ton, Teal & Minor. appears for the
/ Columbia Implement Company, of
I Portland. in writ of review proceed
[ ing. A. z. Reames, Of the law hrm
Of COlyig & Reames. Of jacksonville,
appears ,fOr White & Jacobs and
| I. j. Kenny both Of jacksonville, in
their actions Of injunction and writ
J Of review. respectively. against the
state board Of equalization. In each
Of the three instances Attorney Gen
eral z. VI. Idleman appears for the
defendants.
The respective cOuDsels we're unable
70 agree this morning as 70 what
should be admitted a. evidence in the
cases on trial. regarding the assess
ment rolls, etc. Messrs. Minor and
Reames request and demand the
original assessment roll from each
county, on file 10 the secretary Of
states Office, each bearing the date
upon which it was fled at that Office.
On the contrary Mr.Jdleman, counsel
for the defendant board Of equaliZa-
tion, contends that il is only neces-
sary TO have a summary Of the var
iOus rolls. At the noon hour no agree
ment had been reached.
During the forenoon 10 the writ OF
review case Of the Columbia Imple-
ment Company vs.. the equalization
board, Attorney General Idleman
made a motion 10 quash and dismiss
the writ on the following grounds:
That petitioner has not been suf-
iciently damaged 10 warrant the is
suing Of the said writ; that the Pc
titioner has not been especially dam
aged 10 the matters alleged therein to
an extent beyond that Of the other
citizens Of MultnOmah county: that
nothing was stated or set out in petit
tiOn for writ Of review showing that
state board Of equalization exceeded
its Jurisdiction nor that petitioner
has suffered any other wrong or pre-
judice; that great public incoDven-
ience will result from the Issuance Of
sa Id writ; that public interest will
be prejudiced thereby and that petit
tioner has other plain, speedy and
adequate remedy; that state board
acted with authority and Jurisdiction
prescribed by Law.
II is probable the SUIT Of r. j. Flem-
ing VS. ia. Carson will not come up for
trial at this term Of court. The plain.
tif r. j. Fleming, today filed motion
asking for continuance Of the case
until the next term Of court. As
reason for requesting the postpone
ment Of the case, plaintiff claims tn at
he will be unable TO Obtain deposit
tions from James Denham and Mary
Z. Dennam, whose testimony is OF
great importance in the case and who
at tpreseDt resides at Chateaugay,
Franklin County. New York. Mr..
Fleming claims that he will procure
depositiOns from the said witnesses
before the next term Of court 10 be
used In the trial Of this case. 1t is
likely continuance will be granted.
The following min1r orders were
also made today:
The Salem FIGURING Mills Company
VS.. VIM. p. Lord, ct al;writ OF review;
demurrer Overruled.
j. ID. Shaw, ct al, VS.. Prudence NJ.
Gray, ct al, partition; motion TO re-
open decree and permit an answer to
be filed. overruled. Referees dis
charged for want Of agreement.