The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-09-17
TAX-PAYERSASK
AN INJUNCTION.
Judge PEBBLES Orders the Defendants to Appear
Before Judge Ferguson at Hender-
son, Oct. 5th.

umpire and who would settle the same
as he pleased, without having had any
view of the property and without seek
ing any information in respect to its true
cash value, as required by law; that said
valuations and assessments, as they APP
peared upon the return of said acting
hst-takers and assessors, are not the result
of the concurring Judgment and determine
ton of the three minds, based on actual
view of the real property or of informa-
ton obtained in respect thereto and in
respect to the true cash value of the same,
as contemplated and required by law, but
are merely the opinion and judgment of
either one or two of said acting list-tak-
ers and assessors, contrary to the spirit
as well as to the letter of the law.
s. That said acting board of list -takers
and assessors did not make their return
to the said Board of Commissioners of
the so-called assessment of real property
in said township on or before the second
Monday in July, as required by law, and
as they had ample opportunity to do; on
the contrary. they did not make any re-
turn whatever to said Board of Commits
sioners, but on the 9Th day of August,
said Board of Equalization then sitting
under the provisions of See. Is of said
chapter, and then not until after said
Board of Equalization had organized, and
not under oath, as required by law
s. That said Board of Equaliza-
ton, which under the pro-
visions of the law should have con-
veEed on the second Monday In July,
1908, did not meet until the 5th day OF
August 1903; that it took no action look
ing to the equalization in said county,
but adjourned until said August 10th,
without warrant of law for so doing, and,
as plaintiffs are advised, pecame functus
offcio by so doing; that it gave notice
on said August 9Th that, at its adjourned
meeting on August 10Th il would hear In
Gividual complaints presented in writing:
that when it met on SAID August 18th
upon many complaints being fled, with
cut hearing witnesses or considering evl-
ccnce of any kind, it went into secret
session for the consideration OF the mat
tiers individually complained of, as afore-
said; that in such secret session 1t ad-
mitted none of the complaining parties,
but did admit the said G. d. Arthur, who
was not chairman of said acting board OF
list-takers and assessors, and so, there
fore, not a member of said Board OF
Equalization, nor entitled to sit with II
in secret session; and these. plaintiffs aver
upon information and belief, that the said
C. d. Arthur took a leading part in the
deliberations of said board, resisting with
much vehemence and hostile speech the
reduction of assessments in said Raleigh
township from the valuations reported by
said acting board of list-takers and as
SCISSORS. and the equalization of assess
ments therein in respect to making them
uniform with the assessments in other
townships In said county. doing all this
with such violence of speech and manner
that some member of SAID board COM
planned that he was interrupting and in
terfering with the business of the board
and inquired by what right he was pres
cnt, when it was declared by the defend
ant Green, the chairman of the Board of
Commissioners, that he was present by
his invitation. Said Board of Equalza
ton did not, either at said meeting or
at its prior meeting on August 5th, or at
any other time consider and pass upon
the said assessment in said Raleigh town
ship in respect to its want of uniformity
with assessments of real property IN
other townships in said county, as re-
aured by the constitution and laws of
the State and as it was the duty of said
board to do.
Z. That under Section 5, Article OF
the constitution of the State, all real
property should be valued by uniform
rule and according to its true value IN
money; that in this regard of the con-
stitution and of said Chapter 25l, the real
property located in the townships In said
county other than Raleigh township,
whether in respect to its actual rental
value or of the amount for which 1t
could be sold at a cash sale, was and
Is assessed at very much less than the
assessment made by said list-takers and
assessors OF said Raleigh township; and
these plaintiffs allcge that the refusal of
said Board of Equalization to take any
action in the premises looking to the equal
lzlng of assessments IN said county, as
aforesaid, and to uniformity of taxation
therein was a refusal to perform its plain
Guty-an irreparable injury and wrong to
the plaintiffs unless they can obtain re-
lief IN this court.
s. That when said Board or Equaliza-
to August 10Th, it was Understood by
said board that no changes IN the as
sessments reported to it by said acting
lIst-takers and assessors in Raleigh town
ship should be made until the adjourned
meeting of the board to-wit: August 18th;
but notwithstanding this understanding,
as plaintiffs are informed and believe, the
said board of list-takers and assessors for
Raleigh township undertook to and did,
after said August 5th ard before, said
August 10Th, without authority of law,
make certain changes n said assess
ments in said Raleigh township by reduc-
ing the same, said acting board doing this
Upon the private application OF parties,
nest OF whose names arc unknown to
plaintiffs, said board acting secretly Ill
making such changes, without the knowl-
edge of said Board of Equalization or OF
the public; and that said acting board OF
list-takers and assessors, since the adj
journment of said Board of Equalization
on August 10Th, have continued IL make
similar reductions from time to time In
said assessments in violation Of law.
8. That said acting board of list-takers