The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-11
JUDGE ALLEN NOW
HAS THE TAX CASE
Will Decide Injunction Matter
After Some DeIiberation.
THE CLASH OF VIEWS
The Legality and the Illegally Of the Tax As.
sessm mt in Raleigh Township Was
Warmly and 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 go back to the old assessment
or stand to the new?
Those are some of the questions which
Judge w. r. Allen, of Goldsboro, has TO
decide on, and all day yesterday the
clashing views of plaintin and defendant
in the injunction case restraining the
collection of taxes in Raleigh township
by the county and in Raleigh by the city
were presented to him.
Judge Allen reached here shortly after
nine O'Clock and at 1915, he was in the
Supreme court library engaged in the
hearing of the case and for six and one
quarter hours, without dinner the case
went on, till he entered a carriage and
caught the delayed afternoon train Tor
s Gcldsboro.
No decision as to whether he would dis
solve the injunction or whether he would
continue it to the final hearing vas ar
rived at. The opening remarks of coulI-
sci, the reading of the complaint and an
swcr, with many affdavits FRO 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 being
when he left that these briefs would
be forwarded within the Eext 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 IS a decision before the first,
of next week. as this week Judge Allen
goes to Mocksville to hold Davie county
court.
Representing the plaintiffs arc Messrs.
G.. NJ. Busbee, r. II. Battle, Perrin Bus
lee, 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 Armisiesd
Jones, Col. T. M. 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. M. Busbee, before presenting the
complaint, added number of names to
the original list of plaintiffs. In the
complaint filed there were named F. Fl.
Wilson, and Catherine p. Wilson, his
wife, w. ]. Ellington, w. j. Hicks, B. T.
Montague and c.. B. Edwards. 1t was
stated that Mr.. and Mrs. Wilson were
pon-residents, and the following were
added to the list of plaintiffs: j. J.
Thomas, A. B. Stronach. j. NJ. Money,
Benehan Cameron, Mrs. w. B. Shepard,
Mrs. NJ. A. Heck, Mrs. F. A. Collins,
Maj. John w. Graham, p. H. Mayo, w.
] Bailey, DIR. A. B. Hawkins. W. A.
Myatt, estate l.. Rosenthal, T. 5. Mcse-
ley, Mrs. F. H. Wilson, Mrs. A. NJ. Lewis,
Mrs. Susan B. Lyman, Mrs. Florence
P. Tucker, w. y. Jones, Julius Lewis,
E. P. Maynard, l. NJ. Proctor, J. E.
,Pogue, w. B. Hutchins, H. E. Norris
Mrs. A H. Mailer, ]. w. Barber, NJ. T.
Norris, Mrs. Lydia E. Lee, aQd G. ".
Walters.
Before reading the complaint Mr.. Bus
bee stated that if it was agreed that the
assessment was void that the plaintiffs
were willing that the taxes, based on the
previous assessment should be paid. He
was willing for such an order but the
defense objected.
Then Mr. Perrin Busbee 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. l.
Watson, both readers dwelling emphati-
Cchy upOA tic cHcI 60llC dilU WdIH paris
of complaint and answer.
THE ANSWER.
In their answer to the complaint of the
plaintiffs, setting forth in detail the ap-
pointment of the assessors as illegal as two
are claimed not to be freeholders and
not discreet men, their action in assessing
property, the alleged illegality of the
meetings of the Board of Equalization and
the alleged determinations in making the
assessments, the defendants, the county
officers entoined, the county of Wake and
the city of Raleigh deny the deductions
of illegality and discrimination set forth
in general terms and specifically as fol-
lows,
That the plaintiffs named except F. H.
Wilson and Catherine P. Wilson are resi-
dents they admit. The assessors, c. D.
Arthur, E. NJ Martin and A. z. Glenn
are declared to be free holders and dis
Greet. Martin is described as business
man, acquainted with real estate values
OF accurate judgment, a resident in Raj
e;gh for twenty-seven years. Glenn, con-
tracing painter. resident thirty-one years,
well acquainted with values of houses,
free holder as shown by copy of deed to
land in Raleigh township. Arthur, res
ident here for seventeen years, list taker
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 is
denied that any member of the board as
sessed property alone, but that this was
always by a majority of the board and
that Arthur was not with the other mem
bers after June 1st., as he was the list
taker, but that in case of difference of
opinion between other two members he
viewed property and then passed on value
with the three members present. The
board is declared to have begun its work
on the 18th of May, to have worked nine
hours a day and to have been diligent IN
its work. They declare that the assess
ment of property was at the true valua-
ton in money in the judgment OF the list
takers and assessors.
It is admitted that the returns were not
made before the second Monday in July, as
thav could not he con,nleted and that the