Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-11-13
COCHISf TAX CASE
IN SUPREME COURT
Arguments on the Application For
Writ of Mandamus Against coIlee-
tor Gaines.

The supreme court yesterday hear
the arguments in the case OF the ter.
ritcry against J. y. Gaines. tax col
lectOr for Cochise county. an appli-
cation fer writ Of mandamus direct
ing the collector to proceed against
the Copper Queen company for the
collection Of certain taxes which have
been in dispute for some years The
territory was represented by Attorney
General Clark and Col. J. F, Wilson
and the tax collector and the mining
company by Ben Goodrich.
The action had its beginning in the
resistance If an assessment against
the copper company. a suit having
been brought against the board of SUI
pervisors to prevent the levying of a
tax on a certain assessment An in
junction was granted and an appeal
was taken to the supreme court which
reversed the judgment Of the court be-
low. But that was the end of the mat
ter for shortly after that the super
visors entered into compromise with
the company by which the county re-
'ceived taxes amounting 20 about
$4,000. The amount on the disputed
assessment would have been about
500. 900
The present action was begun on the
theory that the territory is an inter-
ested party but took no part in the
compromise and is not bound by it,
The interest of the territory lies in
the share of the taxes for territorial
purposes and it is for that part of the
original amount levied that the tax
collector of Cochise is asked to be
made to collect. If COchise county is
willing to remit any part of its share
OF the taxes. that is its business so
far as the territory IS concerned.
But the territory contends that I'M
der the law the supervisors had no
right TO enter into that compromise
The law provides that that can be
done in only one case and that is when
the property against which the tax is
levied cannot be sold for as much as
the amount of the taxes or where the
cost of collection would probably ex-
coed the amount of taxes.
At the conclusion of the argument.
the court stated that decision might
be rendered at this meeting but il not.
the applicant would be given ten DAYS
in which To file a brief and the de-
PENDANT ten days I'm which to file a
reply.
Another matter set for hearing yes
terday but which went over to to-
day was an application for a writ of
certiorari, the application having been
made by w. y. Cleary on behalf of
Angela Dias de Hansen. Peter c. Han
sen and others asking for a review of
the proceedings of the court of the
second district in certain condemna-
lion proceedings. The petitioners are
property owners along both sides of n
street of Bisbee. which had to be Wild
nned for street car purposes. The own
Prs raised no objection to the WIDEN
ing of the street If the widening had
been done on one side but the city
ordered an extension on each side so
rs to cause the removal of certain
buildings belonging to the petitioners
against whom judgment was rendered
n the district court
Earlier in the day the following
persons We're admitted to practice on
he report of the territorial examining
board: A. r. Capehart. Daniel f.
Parks. Ben c. Hill. Norman J. John
'on, Harriet NJ. Kenefick, W. F. Gin
Ter. Charles r. Morfoot. Charles \.
William r. Chambers and
Clement II. Colman.