Bisbee daily review., 1906-12-07
COPPER QUEEN |S PLAINTIFF IN
 TAX SUIT
Steps Being Taken To Contest Action of Territorial Board of EauaIization--0 Other Com panies Will File Suits.
LENGTHY COMPLAINT
 FILED THIS WEEK

TOMBSTONE, Dec. 6.-The annual tsx case has again come to the front and the question will again be thresh- csi out in the courts, as to whether the Territorial Board of Equalization has the right to raise the valuations of the patented mining properties in some of tla counties in the territory and allow others to remain as they were turned in by the assessors.
 Suit was flied in the District Court here yesterday by Attorneys Herring. Sorin and Ellinwood for the Copper Queen Company. against Cochise county and ]. N. Gaines as ex-offcio tax collector of the county, to prevent the county from collecting the taxes leyied upon the patented mining claims uf the company on account of the four hgpdred per cent raise made by the Territorial Board of Equalization and subsequently, placed upon the dupii- oa4e assessment roll of Cochise county hy the Board Of Supervisors
 ! temporary injunction has been -rsnted by the court preventing the rqx collector from levying taxes on the raise until after the case has been triel in the courts. The company has paid it's taxes amounting to S69.6lo.02 n the original assessment as fixed by the Board Of Equalization of the coun- .ty ieiore the raise was made by the territorial board. and has been given q receint for the amount. on account. sn that it will not affect the bringing If a suit to collect the balance of the i9xes. The suit was brought at this inc SD as to prevent the taxes becom-
 
 aNcwing the penalties and costs to ac- enmulate due under the present back tax law
 The Copper Queen Company has heretofore taken a general view of the tax matters and has fought it out in the counts so that the results of their suits has been benefit to all. This year the suit is brought only against the county and its tax collector, to pre- vent fhe collection only of the alleged Illegal raise made on it's patented mining claims and does not cover that of any other company. As conse- ouence the other companies are get ting ready to file their suits against inc raise made by the territorial board T. is understood that during the next few days and before the taxes become delinquent on Monday next, suits will be brought in behalf of the Tombstone 1Ccnsclidated Mining Company, the 2Blsek Diamond Copper Mining Com pany and the Calumet & Arizona Min ing Company, as well as a number of ether Bisbee companies. The attor- news for the various companies are at work cn the complaints and will have them ready within short time Sim liar cases are to be filed in Gila county by the Old Dominion and other com panies, Attorney Ellinwood leaving fast evening for Globe to file the suits.
 The complaints in all of the cases will be about the same as those hled hy the Copper Queen Company, diner ing only as to the property or the company affected. The com plaint as filed in the Copper Queen case is a lengthy affair and covers some twenty-one pages of typewriter matter. The complaint first recites that the company was assessed with I:0 parented mining claims, of which t...e County Board Of Equalization raised the valuation on 123 claims from g. per acre to s15 per acre. or from s1203.20 to S21 .6G9.60, and At thereafter this amount was further in- screas sed by the unlawful acts of the Territorial Board of Equalization and by the unlawful act of the Board of sS.. eTrisors of Cochise county"
 The complaint further alleges that while the territorial board was in session in Phoenix during the month cf August, that it proceeded to ex- anime Giie abstracts of assessments of 1he different counties of the territory -s furnished by the clerks of the va ricus boards of supervisors. but that sai abstracts were not in conformity with the oraer made previously by the stetT.toriaf board as to the number of 1fe different kinds of patented mines .E ane county as to whether they were gold, silver. lead. copper or coal, but were grouped under the single head patented mines and did not contain the mill sites. It then recites the ac- ton of the territorial board in raising the valuations in snnfa cf ffe counties ia the territory and the different per cent that they were raised by the board for territorial purposes, giving 8 list Of the per cent raised in each county and then charges that by so dS. lg the board 2niawffs'lv increased the valuation of the pa nited copper mines of the plaintiff. fixed by the