Evening star., 1901-11-18
FIGHT AGAINST TAX
Illinois Corporations Resist Assess
ment for Year 1900.
ATTEMPT TO MAKE CITY PARTY
complainants Allege They Have
Already Been Assessed
WHAT THE CITY LOSES

i SPRINGFIELD, Ill.,, November 1s.-The
hearing of the arguments in the case Of the
Union Traction Company and others
against the state board of equalization In
which the complainants ask for an injunc-
tion restraining the state board OF equali-
zation from assessing their capital stock
and franchises for 1900. In accordance with
writ of naandamus issued by Judge
Thompson in the Sangamon circuit court
and affirmed by the supreme court, was
| commenced at 10 O'Clock today in the
United States circuit court before Judge
Humphrey. The complainants alleged that
such an assessment would be in violation
Of the Constitution Of the United States, as
an assessment had been made last year by
the board.
The arguments today bore on the appli-
cation Of the city Of Chicago to become a
party defendant in the case.
Assistant Corporation Counsel Schofield
urged that the city of Chicago be allowed
to become party defendant because the
state board Of equalization, having been
convicted Of fraud according to Judge
Thompson's and the supreme courts de-
cisions In the failure to properly assess
these corporations last year, would not
likely defend this suit before them, in
which the points at issue were those which
had been passed upon by courts in the
case of the Chicago Teachers Federation
mandamus suit against the state board of
equalization. He also pointed out the fact
that the failure to assess the corporations
in question would lose to the city of Chi
cago fund which was necessary for the
city to have to pay its running expenses.
Mr.. CrawfOrd's Plea.
Henry Crawford, representing the Chi
cago Union Traction Company and the Chi
cago Consolidated Traction Company, de-
MED the right of the city Of Chicago to be
made a party defendant and claimed that
in the history of the law there had never
been in chancery proceedings an instance
where the parties other than those named
In the bill by the complainants had at this
stage of the proceedings been allowed to
make themselves defendants. He also de-
MED the right of the chancellor to decide
what parties should become defendants and
alleged the city Of Chicago had no interest
in the case.
Mr.. Crawford contended that If the city
Of Chicago was a defendant he could see
no relief for it. He said the city Of Chi
cago was endeavoring to introduce a prac-
tice in the state courts and in the federal
courts, where the practice of the old Eng
lish law prevailed, in trying to thus become
defendants in chancery proceedings at this
stage.
Attorney General Hamlin. on behalf Of
the state board Of equalization, was the
last speaker.
He said that the people of Illinois were
the real defendants in the case and that
he appeared in a dual capacity-for the
people and for its officers-the state board
of equalization, and that he should so con-
slider it, and that his paramount duty. lie
said he had invited the attorneys in the
teachers case against the state board OF
equalization, his present assistant, E. s.
Smith, and I. T. Greenacre Of Chicago to
assist him In the defense of this case, and
he pledged the court there would be bona
fide defense.
Taken Under Advisement.
Judge Humphrey stated that he would
take the application Of the city of Chicago
to become defendant under advisement
He also announced that at 10 o'clock next
Thursday morning, in Springfield, sitting
with Judge Grosscup of Chicago. on the
bench, he would hear arguments on the Pc
tit1on Of the Chicago Union Traction Com
pany and the Chicago Consolidated Trac-
ton Company for an injunction restraining
the state board of equalization from carry
ing out Judge Thompsons orders that they,
assess the complainants franchises and
for 10 OF