The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-09-08
TAXING BOARDS POWER
ATTORNEY GENERAL SAYS 1T CAN BE
ATTACKED ONLY ON FRAUD.
Argument In Injunction Proceedings
Brought by the Pennsylvania
Railroad Company.

Sitting in Room /, Superior Court, yester-
day, Judges McMaster and Carter heard
argument in the injunction suit brought by
the Pennsylvania Railroad Company against
the State Board of Tax Commissioners. Two
weeks ago suit was brought by the rail-
road company to restrain the tax board from
certifying to the county auditors the assess
ment placed on the companys property.
temporary Injunction was granted "A sim
liar suit was brought by the indianapolis
News and II. too, was successful in getting
temporary restraining order. At the time
this action was taken IL was announced the
cases would come up for final hearing this
week. 1t has been decided. however, to
postpone the hearing in the News case until
the return of Ferdinand Winter. counsel for
the plaintiff, from Europe.
The court heard only the states side OF
the railroad case yesterday. Attorney Cen
eral Taylor represented the state. Court adj
journed at 2:3O o'clock. while Mr.. Taylor
was yet speaking, on account OF the hot
weather. The argument will be resumed
this morning by the attorney general and
he will be followed by S. o. Pickens and
John G. Williams for the railroad company.
The attorney general will have the closing
speech. Mr.. Taylor asserted that If the
court, having no power to adjust tax ques-
tons. should enjoin the state board from
the discharge of its duties it would block
the state government. The attorney general
thought the remedy for the railroads, If a
remedy exists. would be to proceed against
those whose business it is to simply collect
the tax assessed by the state board. The
attorney general referred to the charge that
while the state board honestly fixed the ap-
praisement of the Pennsylvania system at
Its fair cash value, 1t did not increase the
appraisements of real estate fixed by local
boards at from two-thirds to four-fifths of
its fair value. This II had been claimed was
inequitabe. The Supreme Courts of the
Taylor, have repeatedly decided that the
valuations fixed by state tax boards can be
attacked only for fraud. The complaints do
not charge fraud, but aver that the valua-
ton was honest and as far as the railroad
property is concerned was in conformity
The attorney general did not believe that
court of equity would instruct a state
beard to violate the law merely for the sake
OF uniformity. Mr.. Taylor said that since
has been increased nearly $50 100000 During
the same period the valuation of railroad
property has been decreased about 500 600.
Best Claimed He Was a Cocaine Victim
WHildin BEST, cOlOreu, Charged WIFI enter
ing house to commit theft, was tried in
the Criminal Court yesterday. Best's case
is a peculiar one. He was caught in a
rooming house at No. "a Kentucky avenue
about breakfast time on Aug. 10, last. j.
E. Gillespie. proprietor of the house, found
Best sitting in chair in the room of one
of the dodgers. Best acted as II he might
be intoxicated. Gillespie spoke to him and
ordered him to remain there until he re-
turned. Gillespie then went to search for
the police. Not finding them he returned
to the house and found Best still there.
Best had a hat that belonged to one OF the
dodgers. He tried to get away as Gillespie
returned and the men had sharp strug
gle Best finally made his escape, and Gill
lespie chased him for nearly half mile
before he was captured. Bests defense
was that he did not remember entering the
house. He said he had been taking cocaine
and must have been under the influence of
the drug at the time, he was found by Gil
lespie. The jury did not accept Best s
statement and found him guilty of petit
larceny. 10
EUnorfenco