Rocky Ford enterprise., 1901-12-20
MAKES CORPORATION
ASSESSMENTS VOID

Denver. Dec. iI.-In the State Su.
prcmc Court yesterday Chief Justice
Campbell announced the decision OF
the court In the contempt cases against
the attorney general -hc secretary Of
the State Board of Assessors and ten
members OF the board for disrcEnriing
the temporary injunction issued by the
Supreme Court restraining Judge Dix
on from acting further In the case. the
injunction holiin. In nbrynpcc all pro
cccdings by the contcnding sides until
the supreme Court could pass upon the
matter.
The chief Justice stated tina In disrc-
gn<ding the order and proceeding with
the work OF assessing the corporate
properly OF the state and certifying out
the assessment rolls the acts OF the
board wcrc not contempt against
Judge Dixon. but against the Supreme
Court. Continuing. CHIEF Justice
Campbell said. In substance:
That such an order was made: that
this court had full authority to make
such nm order. and that the board
should not bc permitted to take such
action. is very clear to my mind. The
State Board of Assessors and the
boards clerk took this action under
the advice OF the attorney general.
nm surprised that the attorney gen.
eral could counsel such action. being
an attorney OF mnny years experience.
The contempt is scarcely denied by the
attorney general. his excuse being
chiefly that he was placed in n very
embarrassing position. forbidden on
the one hand from performing certain
nets, and ordered on the other hand by
the statutes TO perform these duties.
This Is no justification. His advice 60
the board to proceed with its assess
mcnts was In direct violation OF the or.
der of this court. Such conduct de-
mnnds OF this court the most severe
ccnsurc. To permit such action to 70
unrebuked would be to subject this
court to repeated acts OF contempt by
other attorneys: to have It's orders tx.
nored whenever. in the opinion of q
'litigant. such action was justified.
"Thc court viii not inaict fine OF
imprisonment upon the assessors, the
secretary of the board or the attorney
general, ms Il has full power to do. If
by the order which this court will now
enter, the State Board OF Assessors
finds 1t embarrassing to rcassess the
property. the fault is that OF these re
spondents. II Is ordered that the actor
of the assessors. being in violation OF
the restraining order OF this court, bt
set aside and held for naught"
Chief Justice Campbell then went or
to state that Mt n suitable time h,
would hand down n written decision II
the matter. That'the opinion woult
| concur in the one 6Judge Gabbert had
handed down some days ago when the
matter was first presented to the court
After the Justice had concluded
Judge Steele of the Supreme Court
said the decision just Jnhde by Chiel
Justice Campbell was as much Of 8
surprise TO him as TO anyone else II
the room: that he had no previous init
nation as TO what the chief justice
was to decide.
II do not agree with the finding oi
the court In any particular" he said
81 do not believe that this court hns
the power to take the position which 1,
has just taken. Neither do I believe
that the actions of the respondent,
merit the action taken by the court"