The record-union., 1899-06-02
An INJUNCTION ASKED FOR
NATIONAL BANK OF d. o. MILLS
WANTS
Collector Bugbey Restrained From
Attempting to Enforce Per-
sonal Property Tax.


The National Bank of D. 0. Mills yes
terday filed in the Superior Court
through White & Seymour, its attorn-
eys. a suit for injunction against TAX
Collector Bugbey.
The text of the complaint, Whlcn OK
plains itself is as follows:
In the Superior Court of the StaI-
of California, in and for the county OF
Sacramento.
National Bank of D. o. Mills & CO..
a corporation, plaintiff, VS.. B. N. Bug,
hey, as Tax Collector of the County OF
sacramento, defendant.
Plaintiff complains of defendant, ano
for cause of action, alleges:
That the defendant is the duly elected
qualified and acting Tax Collector OF
the county of Sacramento.
II.
That plaintiff is, and at all the times
in this complaint mentioned was,
National Banking Association, organ
lied. Incorporated, existing and acting
under and in pursuance OF and by VIZ
tue of those certain laws enacted by the
Congress of the United States known
and designated as the National Bank
Act, and not otherwise; and plaintif1
has, and during all the times mentioned
herein has had its place Of business OF
Lanking, discount and deposit at Sacra-
mento City, in the county of Sacra-
mento, State of California.
III.
At noon on the first Monday OF
March, 1898, plaintiff was the owner OF
the following described real estate in
the county of Sacramento, State of Cal
1fornia, to wit: The east half of Lot
No. ), in the block bounded by and L
Eleventh and Twelfth streets, and the
north 100 feet Of Lot No. i in the block
bounded by ] and K, Second and Thro
streets, of the city of Sacramento, to-
gether with the improvements thereon
and at said time was also the owner OF
certain personal property, consisting OF
bonds. warrants, deposits, solvent
credits, money and office furniture OF
the value of $50, $780, all which was at
said time and at all times used by plain
tiff for the purpose of conducting Its
said business as a National Banking
Association pursuant to said Acts CT
Congress, and not otherwise; and nc
part of which said personal property
was liable to assessment or taxation IN
said county of Sacramento or in the
State of California; nor was it or any
of it liable to be assessed therein, but
it was and is the personal property OF
plaintiff, held, owned and used by it in
its character and capacity as National
mi mo- aiati nt nf har
wise.
".
Subsequent to the first Monday in
March, 1898, and prior to the first day
of June, 1898, plaintiff caused to BIZ
furnished to the Assessor of the county
of Sacramento statement under oath
setting forth all the real and persona
property owned by plaintiff or in it:
possession, or under its control at moor
on the first Monday in March, 1898
which was subject to taxation: and die
furnish a statement and description r.
said Assessor of the said real propert.
so owned by ii and hereinbefore de-
scribed, but did not furnish any state
ment or description of said persona
property, claiming, as it still claims
that all said personal property wa!
exempt from assessment and taxation
as aforesaid
That the said Assessor of the sait
county of Sacramento. notwithstanding
plaintiff made no return thereof and
claimed that said personal property
was exempt from assessment and taxa
ton, and Notwithstanding the fact tina
said personal property was SO exempt
arbitrarily added the same to the as
sessment book of the county of Sacra
mento for said year 1898 and in addi
ton to the assessment of said real es
tate, did assess plaintiff with and dit
place on said assessment book an al
legged assessment against plaintiff o
S3iO,l30 for personal property, anC
which personal property was and is tn,
same personal property, and no other
hereinbefore mentioned, and was and is
by reason of the facts herein stated
exempt from taxation. That from sait
assessment book and also from the de
fnquent assessment list, which latte
is now in the hands of defendant as Ia,
Collector it would and does appear, il
the absence of the real facts as herein
stated being shown otherwise, tina
ti'NiS 10 odc oNliiS anu uupdlQ LII tdAt-
on said personal property the sum o
Sl.292-40. together with 81 1880 pen
alties and percentages added because 0
said taxes not having been paid prior +
the end of the third Monday in Novem
Der, 1898, the whole aggregating IS,
5000: and the said assessment bool
and delinquent assessment list make i
to appear upon the face of said paper
that lien exists upon the said rea
property of plaintiff hereinbefore de
scribed for the amount of said allege,
taxes That plaintiff has paid to de
PENDANT all the taxes on said real prop
erty in accordance with the assessmen
made thereof and the taxes levied an
assessed thereon
VI.
That plaintiff has a capital stocl
amounting to the sum of 100000 divid
ed into 5000 shares of the par value O
500 each, all of which shares are nov
and We're at all times herein mentione,
owned and held by the stockholders o