The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-17
No FURTHER APPEAL
Caffrey Must Extend Tax Rolls
or Return TO Jail.
AS HIS FRIENDS VIEW IT
He Is the innocent Victim of
Designing Ones.
AS HIS FRIENDS VIEW IT

Guthrie, O. T., April 1.-THE Caffrey
case. which was recently dismissed in the
supreme court of the United States, has
created considerable press comment.
County Clerk Caffrey, his friends allege,
has been made the innocent victim of
a few designing persons, who, they
charge, are seeking to escape payment OF
taxes, and who have made him the
monkey to pull out their chestnuts.7
with the same old result.
Caffrey's case, as read from the rec
ords, may be stated about as follows:
After the territorial board of equa.iza-
ton has directed an additional per cent
of valuation to be added to the assess
ments of Oklahoma county. County Clerk
Caffrey, whose duty 1t ,rRRs to add this
increase to the tax rob ander the. s6-
vice of a number OF he$ tax, pge.s
refused to comply with sekions OF
the board of equalizatio III Al original
proceeding in mandarpf4 was hen
brought by the attorney general IN the
s,nrerne court to compel the Jerk To-
,arform this duty. A perenlgtosy writ
~ nandauus was first issued requiring
the clerk to spread the increase of vail
nation on the tax rolls, or, in event OF
his failure. to appear before the Sdpreme
court and show for what reason hs
refused. In answer to this order Caf5
frey appeared and for excuse alleged tnz4
the action of the territorial board WAS
legal. The supreme court held that ~
an officer whose duties were purely mia
isterial he could not raise this question,
that he was bound to properly make OF
the tax rolls. and that only taxpayeF
whose property IDS affected by the II :
.a-o assessment could 'pe heard to
S.1nplain. peremptory writ was then
issued compelling the clerk to imme-
diately proceed to make the required adj
ditions to the tax rolls. Caffrey then re-
fused to obey this writ and he was citee
to appear before the supreme court and
show cause why he should not be pun
ished for contempt. In answer to this ci-
tation he again appeared and gave an
excuse, that the tax raise was Illegal
The court then adjudged him in con-
tempt and ordered him to be committed
to the county jail until such time as he
should declare his willingness to comply
with the order of the court From the
order committing him to jail for contempt
he took an appeal to the supreme court
Of the United States. After granting the
appeal his counsel applet to Chief JUS
tice Burford to grant a stay of proceed
ings pending the appeal in the Unaed
States supreme court. Justice Burford
refused this application, for the reason,
as given by him at the time, that Caf-
fiery, as county clerk. could not be heard
to question the validity of the tax raise.
and for the further reason that If the
tax was invalid, Caffrey could not raise
the question in a case wherein he was
adjudged in contempt of court. Judge
Keaton, counsel for Caffrey, then went
to Washington and procured a stay from
one of the justices of the supreme court
and Caffrey was ordered released on bail
until the case was disposed of in the SUI
preme court Of the United States. That
court now 10y the dismissal Of the case
holds that a county clerk cannes question
the validity of the action of the board
of equalization, but such questions can
only be raised by taxpayers whose taxes
amount to over 5000. The supreme
court of the territory has always held |
In this class OF cases that the validity of |
the tax raise was not in issue, but have |
held in q number Of cases that tax |
payer whose property is affected by the |
raise may go into the courts and ques- |
ton the validity of the action Of the |
territorial board of equalization. The ac-
ton of the supreme court of the United |
States vindicates the ruling of the SUI
preme court OF the territory. and fully /
supports the holding of Chief Justice |
Burford that the questions sought TO /
have been decided could not be raised in
the Caffrey case. The case Is now where
Il rested before the appeal was allowed. |
The judgment OF the supreme court Of /
the territory is In fun force and Caffrey
must go back to jail and remain there
until he complys with theorder OF the
court. unless the court shall take mercy
on him and discharge him from custody.
well-advised attorneys say the case is
no taxpayers can get into
the caffrey case to appeal II; and that If
a new case should be brought by tax
payers to test the validity of the tax
raise. and It should be held invalid, such
action caRflot aid Caffrey. as the judg-
ment against him has become final in
The supreme court.
There is considerable sympathy ex-
pressed for Caffrey, as many believe that
he has been iH-advised by others who
have attempted TO Mitigate their rights
over his shoulders. and that to aceommo-
late these persons he has subjected HIM
self to punishment and disgrace.
Tey advise him now that there Is but
me course for him TO pursue in order
% escape punishment, and that is to
comply with the order of the court at
,nce, and let his advisers fight their own
,attles at their own expense
In the meantime the other counties In
he territory have all paid their taxes.
heir property is clear of liens and they |