The Birmingham age-herald., 1907-07-11
DELAY TAX CASES UNTIL AUGUST F The Commissioners Attorney Springs New Surprise WOULD COMPLY WITH LAW Thompson Believes Citations Have Been Made Legally, But Delay
 Is Ordered to Be Abso-
 luteIy Sure.
WOULD COMPLY WITH LAW

for Back Tax Commissioner Thompson the Board of Revenue yesterday ad- journed the hearing of the tax raise cases until Monday, August 12. This was done In order that the hearing of the cases might be advertised for fifteen days prior to the next hearing and also that the citations might be served by the proper person. It Is generally believed that most of the cases will be settled before the time of the next hearing arrives
 The attorneys of the Real Estate asso- citation claim that this postponement Is temporary victory for them. MT. Thomp- hearing of the cases HIS at present would have been perfectly legal, yet. in order to make doubly sure, he thought best to reissue the citation ans advertise it again | for fifteen days.
 MT. Cabaniss stated when putting his motion that he did not believe the board was compelled to issue fifteen days notice to taxpayers when an additional assess ment was to be levied, nor did he concede that tax citations must necessarily be l served Ly the tax assessor In order to ohviate the danger of the legality of the boards action being question, however, he stated that he would prefer that the hear ing be postponed until the legal require ments could be Complied with.
 Thompson Discusses Plan.
 Mir. Thompson in speapkng of the post ponement said: Tt Is not my belief that the board must give taxpayers fifteen days notice of an additional assessment I desire however, to avoid any danger of the legality Of the boards hearing being questioned The cases are being settled very rapidly outside of court, and I be- lieve that when the hearing Is resumed | on August F there will remain but a very small per cent of the cases to be heard. It would have required at least a month to hear all of the cases, and I do not know but that the postpone ment Is the quickest method after all. Every case will be fought, however, until all tax values are on an equal basis"
 Messrs. Bell and Smyer, attorneys rep resenting the Real Estate association, said: We consider the postponement of the hearing AS legal victory for us. We are looking for anicable adjustment of the cases out of court, all of our clients offered to settle upon just basis. We do not. however, propose to settle upon an arbitrary and unfair basis. We of- fered tc settle upon the proper basis be- fore the hearing came up, but the board refused to meet us half way. We would l l,a n fo represent the nine taxpayers whom MT. Thompson refers to as owning fl per cent of the property in Jefferson county. Every one of these nine settled out of court some | time ago. We represent the midde class property holder, who is the backbone of the state when it comes to bearing tax burdens"
 Motion Causes Surprise.
 The motion by MT. Cabaniss caused some little surprise, as 1t was generally understood when MT Thompson an- nounced that he had employed the firm of Weakley 6 Weakley and Cabaniss & | Bowie to fight the cases in conjunction with Frank 5. White. Jr., that he in tended to continue fighting the cases now. The postponement Is generally considered to be the wisest moves for both sides, however, as there will doubtless be a very large number of the cases settled be- l fore the tirne of hearing, which will, of course, save the expense of litigation and expedite the hearing of the cases by the Board of Revenue
 Text of Resolution. | Mir. Cabahiss' resolution was as follows:
 'Whereas, It has been contended before the Board of Revenue by certain property | owners that the fifteen days notice re- | euired in section 3S7S of the code of 1896 has not been properly given in &C., cordance with the law. 1t being further contended by said property owners that | the service Of notice on them should have been made by the tax assessor of Jeffer- son county. and not by the tax commits | sioner, as was done; and
 | "Whereas, The Board of Revenue, with out conceding the validity of these objec- tions, is Gesirous of cbviatIng any and all questions as to the legality of said notice and service,
 Tt is therefore ordered by tbe Board of l Revenue of Jefferson county, Alabama,
 
 duties devclved upon the board by sec tions 397S and 3979 of the code of Alabama 1 an adjourned meeting of this board will be held at the court house of Jefferson county. Alabama, on Monday, the 18th day | of August, 1907
 | It is further ordered that publication l be made in The Age-Herald, a newspaper | published in Jefferson county, Alabama for fifteen days prior to said 12th day of l August. 1907; that the book of assess ments has been prepared and is ready for | Inspection. and that the board will sit on said 18th day of August, 1907, to examine | the assessors returns and to correct any | errors therein.
 Tt is further ordered thta new citations l Issue to all property owners cited to ap- | pear before the board at the present term, | and that said citations be directed to the tax assessor of Jefferson county, Alabama, | and be served by him."