The state herald., 1901-12-20
MAKES CORPORATION
ASSESSMENTS VOID

Denver, Dec. lin the State Su-
preme Court yesterday Chief Justice
Campbell announced the decision OF
the court In the contempt cases against
the attorney general. the secretary OF
the State Board of Assessors and ten
members of the board for disregarding
the temporary injunction issued by the
Supreme Court restraining Judge Dix
ON from acting further In the case. the
injunction holding In abeyance all pro-
cecdlngs by the contending sides until
the Supreme Court could pass upon the
matter.
The chief Justice stated that In disre-
garding the order and proceeding with
the work of assessing the corporate
property OF the state and certifying out
the assessment rolls the acts OF the
board were 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 an order, and that the board
should not be 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. l
am surprised that the attorney gen
eral could counsel such action, being
an attorney OF many years experience.
The contempt Is scarcely denied by the
attorney general. his excuse being
chiefly that he was placed In very
embarrassing position. forbidden on
the one hand from performing certain
acts, and ordered on the other hand by
the statutes 10 perform these duties.
This II no Justification. His advice so
the board TO proceed with It's assess
menis was In direct violation OF the or
1 der OF this court. Such conduct de
mnnds OF this court the most severe
ccnsure. To permit such action to 90
unrcbukcd would he To subject this
court 10 repeated acts OF contempt by
other attorneys: To have It's orders ig-
norcd whenever. In the opinion OF u
iitlgant, such action was Justified.
1.-THE court VIII not lnfict line or
imprisonment upon the nsscssors, the
secretary OF the board or the attorney
general, ns Il has full power 10 do. lf.
by the order which this court VIII now
enter. the State Board OF assessors
tinds II embarrassing to rcnsscss the
property. the fault II that OF these rc-
spondcnts. II II ordered that the action
OF the nsscssors, being In violation OF
the restraining order OF this court. be-
set aside and held for nnught"
Chief Justice Campbell then went on
to state that nj n suitable time he
would hand down written decision In
the matter. That the opinion would
concur In the one Judge Gnbbert had
handed down some days ngo when the
natter was first presented 10 the court.
After the Justice had concluded
Judge Steele OF the Supreme Court
snid the decision just mndc by Chief
Justice Campbell was Ms much of n
surprise TO him Ms to anyone else IN
The room. thnt he had no previous Init.
nation M 10 what the chief justice
was TO decide.
II do not agree with the finding of
the court In nny particular" he said.
4 do not believe that this court Inns
the power 10 take the position which II
hns Just taken. Neither do ! believe
that the nciions Of she respondents
merit the action taken by the court"
Judge Steele further snId that he
would. within = few days. file a dis
scniinn opinion
Governor ormnn Ind very little "a
sny about the matter when seen after
the meeting of the State Board NJ
Equalization. When nsked II hc Ind
decided on special session. he snidi
"'rhc mnticr Of mn extra session wns
not mentioned during thc meeting of
the board. do not cnrc 10 tnik nboui
Tint phase Of the matter until ! have
md time IN which 10 read the hill filed
by the corporation attorneys In thu
federal court. AZ regards what thu
'inte win do next. I have not a word "a
ny."