Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1901-07-26
The Southern PneIne,.. State Of
Nevada,

The aGch talked OF tax suit in
stituted by the Southern Pacific rail-
road company against the several as.
SCISSORS OF the State OF Nevada. was
called up in the United States Cir
cult Court this morning upon the
conclusion OF the reading OF Judge
Hawley's opinion in another case.
1t is evident from the array Of
counsel present aud interested. that
the contest will be stubbornly Tough;
Judge CARRIER. OF San Francisco, and
Judge Murphy, Of this city, are as
sisting MIR. Herrin, the regularly re-
tanned Southern Pacific attorney;
and the State is represented by the
Attorney General. Trennor Coffin
James r. Judge and Alfred Chartz.
The complaint was not read in
open Court as the Court had, upon a
previous occasion been fully advised
OF its contents.
The answer interposed by the
States attorneys, after specifically
denying the averments OF the cnIn.
plant, sets up a prayer FOR a bill OF
discovery which, il allowed, viii pro
luce some very interesting develop
ments in the case. II presents some
thing like twenty different interrog
atories propounded to the complain
ant company. The usual reasons for
the prayer are set out, viz. that the
defendant is not in position to ascer-
tain many relevant aud necessary
facts in the preparation Of it's de.
tense; that such facts are III posses
sion OF the complainant company and
that the Southern Pacific railroad he
required to diclose such information
rs prayed for.
These questions propuuuded. go to
the actual expense OF the Southern
Pacific company in constructing its
line OF road throughout the State; its
buildings. machine chops and rail-
road depots. its revenues for specified
periods from the operation Of said
road, tn, value aud amount Of its
ponds and the interest upon such
bonds for certain portions OF time
and generally speaking, all such mat.
tiers as will disclose the business deal.
ings OF the complainant company
during the time the road has been in
operation. 1t is presumed that the
State will attempt to prove by these
facts presented, that the assessed val
uation is far below the actual cash
value OF the property.
Assessor Evans, OF Washoe county,
does not make a general appearance
to the answer with the other assessors
Of the State. lie has declared
through his attorney, Judge Cheney,
that he will appear separately, and
make an individual and separate de-
Tense to the allegations Of the com.
plant. No objection was interposed
by either side to this course, as it is
generally conceded that a defendant
in a suit can appear generally or
separately rs he may see tit. What
the position OF Assessor Evans will be.
has not been disclosed. 1t was mt.
mated by Judge Chene! this morn-
ing that il the defendants answer
committed the assessors who verified
it to the position that the actual cash
value Of the Southern Pacific railroad
was $4,000 a mile, Mr.. Evans did not
want 70 be placed, by virtue OF his
affidavit, in the enforced position. in
the event each individual assessor
should be ultimately obligated TO
place his separate valuation upon tho
property, OF fixing the %svaluation at
those iigures.-CarsOn News.
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