Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1908-04-01
SUPREME COURT
DECIDES AGAINST
]. ?. STORM
UpholdS Decision of The
Lower COurt---Other
Decisions
CFrem Saturdays Daily

iht ruPftmt court Oh tue leTrltOrN,
yesterday, sustained the decision of
the fourth judicial district court in the
matter Of the verdict Of guilty return.
cd against J. p. Storm, ex.county treas.
urcr, in connection with his alleged
shortage Of $4,000. Storm was con.
victed Of using $1,000 Of the county 3
funds and was sentenced 10 serve four
years in the penitcntiary. The su.
preme courts decision means that
Storm must serve this sentence, unless
an appeal be taken TO the supreme
court Of the United States. Storm at
present is at liberty under bonds.
On the morning following the elec.
ton Of November, 1904, Storm was
found bound and gagged in the vault
Of the county trcasurer's Office. Later
examination Of his books disclosed q
shortage Of $4,000. He was arrested
and indicted on several coupts. Two
trials resulted in hung juries, one in
verdict Of acquittal, and the fourth
in q verdict Of guilty. II was from
this decision that Storm appealed to
the Territorial supreme court.
In the case Of A. II. Hammer, appel.
liant, versus the board Of supervisors
Of Yavpai county, appellees, the deci.
sion Of the lower court was affirmed.
The appeal was in toe nature of Ger.
tiorari proceedings.
The case grew out Of the action Of
the board Of supervisors in awarding
the county printing contract TO the
Journal. Miner in February, 1907. The
district court sustained the action OF
the supervisors in awarding the con
tract, sustaining the demurrer TO the
Hammer complaint. An appeal to the
supreme court was taken, the court
yesterday virtually affirming the deci'
sion of the lower court in dismissing
the eertiorari proceedings.
In the matter of the tax exemption
| oui'o W tht pfahu NahNoh h"h""y W.
and the Western Arizona Railway Co.,
the supreme court reversed the judg
ment of the lower court and held both
roads were exempt from taxation.
Under the railroad tax exemption
act Of 1899 the Santa Fe and Grand
Canyon railroad companies built a line
from Williams 10 the rim Of the can
yon. Later the rights, franchises and
property Of these roa,is were vested
in the Grand Canyon Railway com
pany. the Goconino county authors
ties held that after the transfer the
property was subject to taxation, as the
rights Of exemption of the former own
ers did not pass with the sale. The
Grand Canyon company instituted pro
ceedings against the tax collector OF
Coconino 10 restrain him from taxing
its property. The trial court upheld
the demurrer of defendant, and plain
tiff appealed to the supreme court, III
decision, yesterday, being favorable t.
the plaintiff railway company.
The case Of the Western Railwa,
company IL a parallel one, some go,
900 in taxes being involved in eacl
case.
| In tine case Of the National Casl
Register company versus County Re
corder Bradbury, the supreme cour
held that conditional bills Of sale no
necessary 20 be acknowledged were en-
titled 10 be recorded. County Record
err Bradbury refused to accept for re
cord conditional bin Of sale Of cas-
register, which was not acknowledged
Mandamus proceedings were institute
against Bradbury in the district cour
which were not upheld. An appea
was then taken TO the supreme court.
. The decision Of the lower court wa
reversed in the Daggs case, the cour
holding that there was error in the IN
: dictment. The Daggs ease IL a Mar
, copa county ease, tried in the distric
D court here on change of venue. ]
was based On charges OF attempte
criminal assault preferred by two sill
tiers named Powers. One Of the accui
ed defendants was shot and killed Ne'
. Years Day in Pinal county. The othe
brother is still living in Phoenix.
: CAROLINA RATE CASES.