Pine Bluff daily graphic., 1905-07-02
INJUNCTION ASKED
Citizens Seek to Stop COL
lection OF the Special
Road Tax.
ALSO SEEK TO ENJoIN DIS
BURsEMENT OF TAX Al
READY coLLEcED.
Contest Made on Grounds That Con.
Institutional Amendment No. S
Not Legally Adopted.
THE LIST OF coMPLAlNANTs

Chancellor John NJ Elliott Satur-
day afternoon granted temporary re-
straining order prohibiting Sheriff
Gould, as ex-officio tax collector of JEFF
ferso4 county. from paying over to
thescounty treasurer the money col
1ected by him as a road tax for the
year 1904, under the amendment
known as No. 5, to the state consti-
tuition.
The INDUCTION was asked for by
nearly $50 petitioners, nearly all of
them tax payers of Jefferson county.
The complaint sets forth that
amendments tc. the constitution Of the
st1e of Arkansas must receive a ma
jjorfy Of the votes cast at an election.
and that amendment No. did not re-
eeive a majority of all the votes cast
at the election of four years ago.
when it was submitted to the people,
though Subsequently declared duly
elected by the people.
It is pointed out that the amend
ment received 57.2O9 against 81 o7a
against it. This is declared in the
petition not to be majority CT all the
votes cast at the election
It will be remembered that this
amendment provides that the COUNT
court, together with majority of the
justices Of the peace of said county.
may levy. in addition to the amount
of the county taxes allowed to be
levied, tax not exceeding three mills
on the dollar on all taxable property
in the county, which shall be known
as the county road tax to be used for
the purpose of making and repairing
the public roads and bridges.
This suit involves about 100000
which was collected by Sheriff Gould
this year, and the money will be tied
up until the question is finally dec'
I'd by the higher courts. The ques-
tion involved is the same as the other
amendments, which was recently de-
clared illegal by Judge A. B. Grace,
and it is now before the supreme
court for action. This tax has been
collected each year since the amend
ment passed, and this is the first in
stance in which the validity of the
amendment has been contested in the
courts.
The plaintiffs are represented by
Austin and Danaher, Bridges and
Woodbridge, and Crawford and Can't.
The petition contains the names of
the following residents of Jefferson
county:
Mary E. Seymour. Fannie McGee.
Ned Matthews, NJ. w. Lee, Frank
Moore, Tom Egnor, Emily Green, An
.derson Jones, E. J. Lee. S. NJ. West
Moreland, Dock Lindsay, Jack Long,
Kate George, Harrison Harmon, Ben
Mazique, Phil Turner, A. c. Mayfield,
Chas. We'll, Burford and Well. Gus
Walker, Laura Mcmillan, S. c. Well,
Chas. Richardson, Silvia Nelson, Sip
Graham, Mrs. Gus Waterman, Mar
shall Jackson, Britton Hill, Chas. We'll
company, Harry We'll, Joe Wilson,
Edmund Williams, Geo. Washington,
G.. l.. Walker, Thomas Tardy, Pleas
Thomas. Alex Strauss, Frank Stewart,
Giles Strong, Dave Scott. John
Reeves, Nose Richardson, Israel Rob-
inson, Abe Rice, Tom RICHARDSON, Mar
tin Pleasant, Phi. Pleasant, Jim Pitts,
1ula Parks, Jessie Parker, A. T. Pat
terson. Ned Norwood, Frank Miller, J.
r Mathis, jim Miller, Hiram Mack
.heth, Scott Macklin, E. A. Lytle. Hen
" Kirk, w. s. Johnson, w. II. Hail.
Eal Holmes, Ed Hunter, Toby Horn,
Adam Hrendon, Matt Gardner, Jim
Esters. ]. r. Eaton, Robt. Davis, Mil
ton Dufrees, VIM. Crump, Willie
Brown, Alex Anderson, Geo. Ander-
son Jack Andersen, Bluff City Lum-
her company, Sawyer and Austin