The Grit-advocate., 1901-12-20
MAKES CORPORATION
ASSESSMENTS VOID

| the court in the contempt eases 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 allegiance all pro
ceedings by the contcnding 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 We're 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
cral 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 n very
embarrassing position. forbidden on
the one hand from performing certain
acts. and ordered on the other hand by
/ the statutes to perform these duties.
This is no justification. His advice to
the board to proceed with its assess
tS in Il vi ian of la,
der of this court. Such conduct de-
mands of this court the most severe
ccnsurc. To permit such action to go
unrebukcd would be to subject this
court to repeated acts of contempt by
other attorneys: to have its orders ig-
nOred whenever. in the opinion of u
litigant. such action was justified.
The court will not intict Il fine or
Imprisonment upon the aSSeSSOrs, the
secretary of the board or the attorney
general. as it has full power to do. If,
by the order which this court will now
enter. the State Board of Assessors
finds it embarrassing to reassess the
property the fault is that of these re-
spondents. 1t is ordered that the action
of the assessors. being in violation Of
the restraining order of this court, be
set aside and held for naught."
Chief Justice Campbell then went on
to state that at Il suitable time he
would hand down Il written decision in
the matter That the opinion would
concur in the one Judge Gabhert 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 made by Chief
Justice Campbell was aS much of
surprise to him as to anyone else in
the room; that he had no previous init
nation as to what the chief Justice
was to decide.
Il do not agree with the finding of
the court in any particular" he said.
Il do not believe that this court has
the power to take the position which it
has just taken. Neither do | believe
that the actions of the respondents
merit the action taken by the court
Judge Steele further said that he
would. within a few days. file dis
senting opinion.
Governor Orman had very little to
say about the matter when seen after
the meeting of the State Board of
Equalization. When asked if he had
decided on a special session. he said:
THE matter of an extra session was
not mentioned during the meeting Of
the board. I do not care to talk about
that phase OF the matter until l have
| had time in which to read the bill filed
by the corporation attorneys in the
federal court. As regards what the
state will do next, I have not word to
say"