Republican news item. [volume] (Laport, Pa.) 1896-19??, 1907-09-19

peafeu IOr tne county,. "A large
number of witnesses on both sides
were in attendance.
Before the case was opened in
Court an effort was made to get an
amicable adjustment in the Com
mlssioners office. Mr.. Connell pre-
sented his side of the case very
strongly, and was answered in an
able argument by Mr.. Meylert.
The best offer that could be got from
Mr.. Connell was for Il valuation Of
fifty or sixty dollars per acre,
which the Commissioners refused;
but offered to reduce it to $175 per
acre; which the coal men refused.
The case therefore had to 60 to trial.
The Appellants first offered in evil
dence the Commissioners Journal,
and all of the assessment books Of
the county for the year 1907, and
then called Nathan Persun to the
witness stand. Mr.. Persun testified
that he had examined large num-
ber of farms and buildings in Cherry
and COlley townships and in Dushore
borough, and then proceeded to state
the valuation which he put upou n
great number of properties; and the
valuation he put upon them was
compared with the valuation put
upon them by the township assess
ors. He was on the stand until the
adjournment Tuesday evening and
was called upon the stand again
on Wednesday. He was followed
by G.. l.. McHenry Of Dushore, who
testified that he went with Mr.. Per-
sun to examine the various proper
ties upon which Mr., Persun had es
timated the cost values; that they
had agreed upon valuation in every
case, and he expressed the opinion
that all the valuat ions mentioned
by Mr.. Persun were correct.
Mr.. S. Hurst was next called, and
testified that he went with Persun
and McIIenry and examined real es-
tate in Mildred, Bernice and Lopez,
and corroborated the valuations
made by them, so far as related to
those villages. Several other wit
nesses were called who occupied the
time of the Court until Thursday
noon.
The testimony thus far adduced
indicated that the assessed valuation
of the real estate in the townships of
Colley aud Cherry, excluding the
coal lands, did not exceed from one
third to one-fifth its real cash value.
In the afternoon session of the
Court Thursday Judge Terry sug-
gested that it might he advisa BILE for
the parties to settle. He said it was
now evident that it would take
long time to try the case and be very
expensive, and he thought if the
parties would get together in an am
icable spirit they might make fair
settlement and save great deal of
cost. He said the Constitution pro-
vided that taxation should be equal,
and that if the case was left to the
Court, the Court would have to con-
form to the evidence in the equali
zation of the taxation. Acting on
this suggestion the Attorneys repre-
senting all parties interested request
ed the Court to grant recess to give
them an opportunity for consulta-
ton.
The Commissioners and the coal
men were so far apart that it was
difficult for them to get together.
Propositions and counter PROPOSE
ton were made and rejected for
about two hours. Finally the coal
men made an offer as their ultima
tum, to consent to the valuation of
$lOI per acre. The Commissioners
were reluctant to accept this offer
but by the advice of their Attorneys
finally consented to do so.
In reaching this conclusion due
consideration was given to five
points in the case, 1st. 1t could not
be controverted that the assessments
on real estate in the County
were much below the cash value.
2nd. That as we could not produce
evidence of any sales of coal lands
in the county it was difficult for us
to establish its marketable value by
the usual mode of proof, and in so
far as what is called "expert testi-