Weekly journal-miner., 1909-04-21
COPPER QUEENW|NS BACK TAX CASE
 OF COCHISE
The Case Goes Against The County But Will
 Be Appealed
(From Tuesdays Daily)

AIIOHl bdliN J
 The Prospeetor of Tombstone is au- thority for the statement that Judge Doan of the district court handed down the decision in the famous Copper Queen back tax case, favoring the con- tentions of the eopany and against the county which had brought the suit to compel the company to pay the back taxes alleged to be due for the year 1901.
 The attorney for the county ;mme- diately after the decision had been announced made a motion for a new trial, which was denied by the court. Notice of appeal was then given to the Supreme Court and the attorneys were given until the 1st of October in which to file the transcript and other papers on appeal.
 The ease has been in the courts since 1901, that is. in and out. Two or three different eases have been filed, the last one being brought by County Treasurer Gaines, as ex-ofieiO tax col leetor for the county, after he had been mandamused by the supreme court of the Territory. The ease was filed in February of last year and was tried before Judge Nave on the 7th of May, who rendered decision in favor of the Copper Queen Company, but in Au- gust of the same year rendered anOth- CT opinion, reversing his former Opin- ion and ordering a new trial in the ease; this was had last fall and the matter has been under the advisement by Judge Doan since that time. When the case was tried last fall Judge Jud- son of Missouri, one the recognized au thorities on taxation, was here and ap- peared for the Copper Queen Com pany.
 The amount of taxes originally sued for and alleged to be due in 1901 was $99, ,391.3s which was based upon the raises made by the board of equaliza- tion on the assessment as turned in by the company. In 1904 with interests and costs this had amounted to $l20,- 0S9.S5. At the present time the taxes, costs, penalties and commissions al- lowed the attorneys and tax collectors amounts to over s225,00O, as the orig inal amount is alleged to have been drawing 10 per cent interest annually, so that the decision in favor of the company means a saving to the com psny of that amount.
 The decision of Judge Doan is only a preliminary step in the ease, as the case will be carried up to the Supreme Court of the United States, so that the ultimate decision in the ease will not be handed down for at least three years.
 Col Pickett. one of the counsel in the ease for the county, stated that he was not in the least discouraged over the outlook of the case, and was con ] fident that when the case was heard | and argued before the Supreme Court ] of the Territory that Judge Doan would he reversed. Word received | from Attorney General Clark of the Territory, who was advised of the de- eis;On by wire, replied that he was not and was confident that reversal would be had in the Supreme Court of the Territory. The ease will not reach that body before the Janu- ary session of next year and a decision then handed down next March. The case will then go to the Supreme Court of the United States, no matter which side loses in the Supreme Court of the Territory, and it will take at least two years' time before it will be reached by that august body.