Tombstone epitaph., 1901-12-08
PROCEEDINGS
 OF COURT TODAY
Full Report of Business as it
 Transpires Daily.
REGULAR ROUTINE WORK

J. N. Johnson, who will be rsHem- bersd ss having fired several ,hots at Flank P"yls few months ago, wa. fret srraig1ed, Allen R. Eagl..h sp- bearing for defendant. On. day w.s given to plead.
 Sidney Johnson, chs-sed with rob nery. was srrsigned, and O. Gibson was appointed to defend the prisoner. The oeieud.at is one Of the men who. 1t is th "ugh., participated in the rob- bery Of the big ad b. saloor in Mace. One day was taken tn plead.
 A. Rod iguez. indicted for robbery, was ariaigned and ,. NJ. O'Connell Was .! pointed tn defsnd. Plea to be taken December ' at 9 30 o'clock. willis bs ct a, v.. sl.ughser-Coa- ,inusd for term.
 M.,ks ct al. vr. Cos,ello-Sst for December 70
 Whit v., Wnisi-Divoroe granted and custody of minor children award. ed 10 plaintiff, Nancy F. Whit.
 Bernard vs. Overracksr ct sl.- Ar gumert on demurrer and m matter sut- mittea.
 TerritCry vs. J. ?. Johnson-P.es of nos guilty entered and case set for Thur.day, Dscrm Der I2.
 T-rritorj vs. Sydney Johpsou- Plea of not guilty; ca-e set for Tues day, December 10.
 Territory vs. Rodriq1ez-Plea Of net guilty case se, for December 10.
 Yesterday aftern ,on ,h- case of ths Copper Queen Cor. M. Go. ys. Co., chise county eI sl. was taken up. Herring and Mitotell appeared for plaintiff, Me.sr.. [ glish, Land, Me Fsr!snd and BownsD appeared for de- lendsot. The complaint sta,ed 322 claims, oth-r than th. Copper Qn-ep, were assessed at sbout 8, 000, ,090. while eight claims O: the Copper Queen were assessed a; . like figure. I That the Board ted arbitrarily in raising values Of Copper Qiesn, and D fraud o. plaintiffs rights aud for the purpose of causing plaintiff to pay .n unjust amount ol isxeG Ina, pl .intiH will b. mpelled 10 pay more than its inst .hsre If the valuations ms1e by the Bostd bs sustained. that the Board sf Equalization acted wI,b- I put consultation with other Boards oi the Territory. That plaintiff will have 10 pay in exces. Uf one half of the Ter ritJri.l taxes levied nn eli like prop erty in the entire Territory. Thst the Board of EQrslil.libn failed ,s cause D be s..es-eI several thpussnd un o.tented claims of great value, and thus threw a great .nd un'qral bur. | ien upon plaintiff Plaintif tendered the amount of it's taxes upon iss val : u.tiou, sl4,I5Ol2. Toe demurrer and answer were then read. the sp- .wer uaversing the conplain,.
 After getting some sio,s of law in reference to tho demurrer, argument upon the demurrer was opened by Judge Mcfarland. The demurrer I sas uis1 the ground that the com plaint failed tu state facts suficiea, Co constitute q cause of action. IDi1nc = on against tbe tsx collector is the relief s.ked for. Mir. Mcfarland ar gusd that quity would only restrain the collection Uf taxss where (s) ihe t,x was not authorized by law; (b where the property was not subj ct 10 l1a,ion, and cited authorities. Ju- ri-diction would be taken in such css-s only when the eH:orSeuen of the tax would lead 10 6 multiplicity of suits, or will produce irreparsols injury Eqni,y will never interfere where .h-re a plain, speedy and insdt q lste rem dy law. Iu this case the Cop per Qie,n O.. could recover back taxes paid under protect by . suls at law, so sqiiry has no juri'diotiop, ~-r- statement Of fraud UT iiIegsiity Of acts oi Board io the absence Of the facts constituting the fraud. is iosuf- icient. On th- question of valuation Of the Copper Queen property MT. Mcfarland stated that he doubted whether that property could bs bought for $32! coo, ,OOo. the total assessed val uation fl ell property in the Territory, or for $50.O0O, ,OOs. d yet p sinr,f claims it's property hss been over valued in p:scing it ., A Io0e .OO0.
 At the calling of ,he case of the