The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-10-13
JUDGE ALLEN NOW
HAS THE TAX CASE
Will Decide Injunction Matter
After Some DeIiberation.
THE CLASH OF VIEWS
The Legality and the llIegality of the Tax As
sessment in Raleigh Township Was
Warmly ard Vigorously Ar
gued Yesterday.

Are the present assessments IN Raleigh
township to stand? Were they Illegally
made or was the matter handled lawfully?
Are we to 90 back to the old assessment
or stand 10 the new?
Those are some OF the questions which
Judge W. r. Allen, OF Goldsboro, has 10
decide on, and all day yesterday the
cIashing views Of plaIntin and defendant
in the injunction case restraining me
collection of taxes IN Raleigh toWnshlp
by the county and in Raleigh by the city
were presented to him.
Judge Allen reached here shortly alter
nine o'clock and at 10:15, he was in the
Supreme court library engaged in the
hearing of the case and for SIX aud Que
quarter hours, without dinner, the case
went on, till he entered a carriage AID
caught the delayed afternoon train Tor
Gcldsboro.
No decision as to whether he would dis
solve the injunction or whether he would
continue it to the final hearing VAS ar
lived at. The opening remarks OF couli-
sci. the reading Of the complaint and an
sWCr. with many atfdaVItS PRO and con,
and the scrappy argument Of counsel
was the net result OF the days work.
Judge Allen offered to hear further oral
argument in Mocksville, or decide the
case o. briefs and this latter proposition
was accepted, the understanding beng
when he left that these briefs would
be forwarded within the next five days.
The defendants had theirs in readiness
end gave it to Judge Allen while the
plaintiff will forward theirs. 1t IS doubt
full if there = a decision before the first
of next week, as this week Judge Allen
oOoS t1 Nnpl-cyi1ln to hold DAVE cNuntV
court.
Representing the plaintiffs are Messrs-
C. M. Busbee, R. H. Battle, Perrin Bus
bee. E. p. Maynard, W. j. Peele and S.
f. Mordecai while the defendant county
and city are represented by County At
torney B. NJ. Calling, Solicitor Armistead
jones, Col. T. NJ. Argo AMI City Attorney
W. L. Watson. There were present at
the hearing yesterday a number of the
plaintiffs, Chairman Green OF the County
Commissioners, and Assessors c.. d. Ar
thur and A. E. Glenn.
Mr.. C. NJ Busbee, before presenting the
complaint. added a number of names to
the original list of plaintiffs. In the
complaint filed there were named F. II.
Wilson, and Catherine p. Wilson, his
wife, ". j. Ellington, w. J. Hicks, B. T.
Montague and C. 3. Edwards. 1t was
stated that Mr.. and Mr.. Wilson wore
Don-residents and the following were
added to the list Of plaintiffs: ]. j.
Thomas, A. B. Stronach, j. N. Money,
Benehan Cameron, Mrs. w. B. Shepard,
Mrs. NJ. A. Heck, Mrs. T. A. Collins,
Maj. John w. Graham, p. H. Mayo, w.
J Bailey, DR.. A. B. Hawkins, w. 4.
Myatt, estate l.. Rosenthal, T. b. Mcse-
icy, Mrs. F. H. Wilson, Mrs. A. NJ. Lewis,
Mrs. Susan B. Lyman, Mrs. Florence
?. Tucker, W. n. Jones, julius Lewis,
I. P. Maynard, l.. NJ. Proctor, ]. E.
Pogue, w. B. Hutchins, H. E. Norris,
MIS-. \ H. Mailer, J. ". Barber, n. T.
Norris, Mrs. Lydia E. Lee, and G. n.
Walters.
Before reading the complaint Mr.. BUS
bee stated that if it was agreed that the
assessment was void that the plaintiffs
We're willing that the taxes, based on the
previous assessment should be paid. He
was willing for such an order but the
defense objected.
Then MI. Perrin Buabee read the com
plant. 1t has heretofore been published
and as he read a section the answer Of
the defendants was read by Mr.. w. j.
Watson, both readers dwelling emphati
cally upon the energetic and warm parts
OF complaint and answer.
THE ANSWER.
In their answer to the complaint Of The
plaintiffs, setting forth in detail the APP
pointment of the assessors as illegal as two
are claimed not to be freeholders anC
not discreet men, then action IN assessing
property, the alleged illegality of The
meetings of the Board of Equalization anC
the alleged determinations in making the
assessments, the defendants, the count!
officers enjoined, the county of Wake ant
the city of Raleigh deny the deduction
of illegality and discrimination set fortI
in general terms and specifically as fol
lows:
That the plaintiffs named except T. H
Wilson and Catherine p. Wilson are resi-
dents they admit. The assessors, c.. d
Arthur, E. NJ. Martin and A. f. Glenn
are declared to be free holders and dis
Greet. Martin is described as a business
man, acquainted with real estate value
OF accurate judgment, Il resident in Raj
cigh for tWenty-seVen years. Glenn, a con
tracing painter, resident thirty-one years
we'll acquainted with value of houses,
free holder as shown by a copy of deed t.
land in Raleigh township. Arthur, a res
ldcnt here for seventeen years, list take
for three years, experienced in the work
a free holder in Carteret county.
The delay in making returns is admitted
this being because the board was too few
IN number and the time too short. 1t j
denied that any member Of the board as
se>sed property alone. but that this WA
always by a majority Of the board am
that Arthur was not with the other mem
bcrs after June LIST, as he was the lis
taker, but that In case of difference O
opinion between other two members h
viewed property and then passed on valu
with the three members present. TIL
board is declared to have begun its worl
on the 18th of May, to have worked min
hours a day and to have been d~iIiccnt il
its work. They declare that the assess
mcnt Of property was at the true valua
ton in money in the Judgment of the lis
takers and assessors.
II Is admitted that the returns were no
made before the second Monday in July, a
they could not be completed, and that tn
tax list is rot yet completed. the time be
ing inadequate and this litigation ais