The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-17
Judge w. R. Allen Says Plain
tffs Not Entitled to Re-
lief Prayed For.
BUTIHtY HAVE APPEALED
Tax S viii NV b. Collected and tie 0rdsr
Says Plaintiffs Should First Apply 10 the
State Tax Commission for Redress
Sought.

The city and township taxes of Raleigh
will now be collected.
The long drawn out contest about the
assessment of property in Raleigh town
ship has been settled in the first court
in which it has been heard.
Whether it will stay settled OF not is
another matter. as the plaintiffs in the
suit who claim illegality and discrimina-
ton in the assessment have appealed to
the Supreme court against the declsion
rendered by Judge w. r. Allen.
That reached Raleigh yesterday. and II
dissolved the Injunction which has tied up
the collection of taxes in this city and IN
the township.
The first news that Judge Allen. who
Is at Mocksville had dissolved the injunc-
tion was received here yesterday morn
ing in a letter from Judge Allen to Sohcl-
tor Armistead Jones, one of counsel fo'-
the county. which said:
Il send to the clerk OF the court today
the papers in the tax case by express with
my order dissolving the injunction. Please
let other counsel know.
As soon as the result of the hearing be-
fore Judge Allen was known interviews
with counsel for the plaintiffs was hal.
and from them it was learned that an
appeal would be taken to the Supreme
Court
The decision of Judge Allen reached
here yesterday afternoon, and 1t is as FOL
lows:
THE INJUNCTION DISSOLVED.
In the matter of F. H. Wilson ct a.. VS.
A H. Green ct al.
This cause was heard before me. in
the city of Raleigh. on the 10th day OF
October, 1908. by consent, upon a motion
made by the defendants. to dissolve the
restraining order heretofore issued by His
Honor r. B. PEBBLES, in this action, and
was fully argued by counsel by plaintiffs
and defendants. orally and by brief and
upon consideration thereof, being of opiii-
ion that the plaintiffs are not entitled to
the relief prayed for. and particularly
that they cannot apply to a court OF
equity for a restraining order, before APP
plying to the Board of State Tax Commits
soners to redress the wrongs complained
of. if they exist, as provided in Chapter
251. sections and of the Laws of 1903.
1T is therefore ordered and adjudged
that said restraining order be and the
same is hereby dissolved.
at is further ordered that the plain,
tiffs gay the costs of this motion to DC
taxed by the clerk.
WR ALLEN,
Resident Judge Sixth Judicial District
Plaintiffs appeal to Supreme Court.
Notice waived Appeal bond fixed at $25.
w r. ALLEN. Judge. Etc
DEFENDANTS WERE CONFIDENT.
An interview was had with Solicitor
Armistead Jones concerning the decision
of Judge Allen, and in talking of the mat
ter he said.
Il felt confident all along that the judge
would dissolve the restraining order be
cause there is method pointed out by
statute by which the work of the As
SCISSORS can be reviewed, this being the
Tax Commission. A court of equity will
never enjoin a tax assessment when the
statute provides a remedy, besides this
there could be no irreparable damage, be
cause under the law the tax payer can
pay the tax and sue to recover.
THE tax books will be placed in the
hands of the sheriff and city tax collec-
tor at once, as an appeal to the Supreme
Court if any is taken, will not prevent
the regular collection of taxes.
1T IfiIS view vi the cdSe CouHly AItoIhcy
b. NJ. Calling and City Attorney w. l..
Watson. agree, and both were confident
Of the result of the hearing.
PLAINTIFFS WILL APPEAL.
Interviews were held yesterday with
Hon. r. H. Battle and Mr.. G. M. Busbee,
of the counsel for the plaintiffs. Mr.. Bat
tie said: Eyes, we will appeal to the
Supreme Court
MIR. Busbee said: 1--WE will appeal at