Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-02-02

Editor Appeal:-The Senate has
'ssed with only dissenting voice, the
II to renumerate Alfred Chartz,
ames R. Judge, and the Estate of
remore Coffin in the sum OF $3.50
lch, and the Senator who dissented
as willing to allow $500 each. The
ssembly, two years ago, passed a
i'll allowing $3.50 each. Governor
adler and Sparks and Attorney Gen.
raj Sweeney have in their messages
commended the payment Of the bill.
he Legislature Of 1908, in Joint ses-
ION, after listening to the merits of
he claim, passed resolution that it
should be paid After that the AS
sembly cut the bill down to $3.50 each.
However, in allowing a single cent OF
he bill, it was an acknowledgement
hat the whole was due, because Ne
pudiating.
The facts and merits of the case
are as follows: In 1901 the Legisla-
ture passed an act providing for
more uniform valuation on assessment
of property, and under it's provisions
the several Assessors CT the State met
in Carson and valued the Central Pa
cific railroad at $4,000 per mile in Ne
vada, and other property in proper
ton.
The Railroad Company brought an
injunction suit in the Circuit Court OF
the United States to enjoin the asses
scrs from valuing said property at
$4,000 per mile, or otherwise than &C
cording to their own judgement Of its
value, on the ground that the same
was class legislation, and contrary 10
the Constitution The complaint is Q
very volumincus affair. The State
Board of Revenue considered it
it's duty to defend the action and at
tempt to make the Railroad Company
pay taxes On a valuation of $40, 900
per mile, and accordingly consulted
the firm Of Torreyson & Summerfield,
and they asked $1,000 cash for their
ice to defend the action. The Board
hen consulted Trenmor Coffin, James
r. Judge and Alfred ChartZ, stating
there was only LOCO available for tie
purpose Of defense under the provis-
! ions Of the act, and said attorneys un-
dertool1 to defend the action for $3.50
each cash, leaving $3.50 available 10
the Board for expenses, and said at
torneys further agreed that they would
charge $3.50 each more than the cash
received and that they would not hold
any member OF the Board individually
responsible for the payment of the
/ balance of $3.50 due to each of them.
! This contract was in writing and sign
ed by all the parties thereto. 1t is an
express contract, and if the State owes
a cent OF it. it owes all of it.
! However, the contract was most
reasonable. The principle involved
was worth hundreds of thousands OF
dollars to the State; claimants for re-
lief agreed to trust the State and did
so trust for the balance of their fee;
The Railroad Company had eminent
counsel employed, and had plenty of
time to prepare for the pleading; de.
PENDANTS had but short time; affida
bod tn no oh
county in the State; Mr. Coffin i'm
mediately began and prepared the an
swer and line of facts required to be
proved; Mr. Judge went out to severa
counties and obtained affidavits witt
reference to the valuation Of the road
l worked daily in the State Librar,
on the law of the case, with the ad
vice of Mr.. Coffin. At the date OF tn
argument of the case, and during TIL
argument affidavits came in and wer
filed, showing the short time we had
and that not too many attorneys wer
employed. There was no time los
and each attorney worked on the Wor
set out and agreed upon. The cas-
was argued before Judge Hawley b
Attorney General Woodburn, Trenmo
Coffin and myself I. there fore, undo
all the facts, claim that we acted p;
triotically on behalf of the revenue
of the State. and that we have bee
unduly delayed in our pay.
ALFRED CHARTZ.
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