The Pensacola journal., 1907-05-16

/ right to be heard before said assess
, ment was fixed and final; that said
/ assessment is, therefore, unauthorized
| and is wholly void.
| VIII. That YOUR complainant would
! further represent unto your honor
/ that the tax collector by said assess
ment laws of Florida, is authorized
/ 10 advertise and sell said lands fOl
the purpose of collecting delinquent
taxes assessed thereon after the first
of April, A D. 1906. and that said
tax collector threatens 10 advertise
and sell SaiD. lands of your complain
ant, unless restrained by the process
of this honorable court: that yOUT
complainant is without any other ade-
quate remedy save in this its present
application for the governments writ
of Injunction: that unless the injunc-
ton prayed for herein be granted the
tax sale authorized by the laws OF
Florida TO he made by said tax col
lectOr. and threatened TO be made by
said tax collector. will he made ana
will cast a cloud upon the title OF
your complainant TO said real estate
the possession and enjoyment OF
which is threatened and the value
thereof is far in excess of two thou
sand dollars
Wherefore yOuT complainant hum bly,
prays that your honor shall be pleased
TO grant a temporary injunction
Dendente lite commanding and enjCin-
ing the said Charles F. Turner. tax
collector in and for the county of Wal
ton, state of Florida. his agents and
successors. or either of them. TO re
frain and desist absolutely from ad-
vertising and from selling said lands
of your complainant or any part
thereof. as are particularly descrih bed
in exhibit A" or the lands, or any
part thereof. of your complainant
particularly described in exhibit B,
aforesaid, and pending said tempo
rary injunction your complainant is
ready and willing 10 give such secuT-
ity as this honorable court may deem
proper: and your complainant fur
ther pravs that the assessment Of
said real estate of your complainant
be declared invalid and void by tho
decree of this honorable court: AMI
your complainant would further
humbly pray for such other and fur
ther relief in the premises as TO your
honor may seem proper.
Your complainant would further
humbIy pray that the governments
writ of subpoena be duly issued here
in. directed TO the said Charles +.
Turner, tax collector in and for the
county of Walton. state of Florida
residing at DeFuniak Springs. in said
county and state, commanding and
directing him to fully answer the
premises herein and to show cause.
if any he may have. why the relief
sought should not be granted
VIM. w. FLOURNOY,
Counsel for Complainant
The Courts Order.
The order of the court is as fol
In the Circuit Court of the United
States, in and for the Northern Dis
trict of Florida, and Fifth Judicial
Circuit
The Jackson Lumber Company, a cor
poration. incorporated and doing
business under the laws of the
State of Florida, complainant, vs..
Charles F. Turner, tax collector,
respondent.
This cause coming on TO be heard on
the bill of complaint and the other
pleadings herein filed. and upon the
testimony herein taken. upon final
hearing anO after argument of cOun-
sci for the complainant and respond
ent, the court finding that the assess
ment law Of Florida relative to the
assessment and collection of taxes
upon real estate violates the federal
constitution which guarantees due
process of law 70 its citizens and is
unconstitutional and being advised of
its opinion:
1t is hereby ordered. adjudged and
decreed that the temporary restrain
ing order heretofore granted herein
be and the same is hereby made per
4
ner. tax collector in and for the
county of Walton. state of Florida,
his agents, successors and each OF
them, are hereby perpetually enjOined
to refrain and desist absolutely from
and from selling any of
the lands of said complainant, or any
part thereof. as are particularly de
scrfbed in exhibits "A" and B" at
tached to the bill of complaint herein
filed, for the taxes assessed against
said lands for said county and state,
OF any part thereof for the year A.
D.. 1905
And it is further ordered. adjudged
and decreed. that the tax assessment
and every part thereof of said real
estate for the county of Walton. state
of Florida. for the taxes for the year
A. D.. 1905. is hereby declared in
valid and void.
1t is further ordered, adjUdged and
decreed that the cost of these pro
ceedings be taxed by the clerk of the
court againS, the respondent.
Done and ordered at the city of
Pensacola, in open court, this the
18th DAY OF Nav, A. D. 1907.
"CHAS. SWAYNE.
Judge.