Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-07-10
COURT SUSTAINS
THE ASSESSOR
The Journal Deceived the DELINQUENT
Taxpayers at Their Expense

the much heralded and famous
tax case is at last decided and the
decision sustains Prosecuting Attor.
ney q. II. Potts in his Interpretation
OF the state law. There is still an
other tribunal to which an appeal
may be prosecuted by the losing
party but the weight of legal author
ity seems to be SO clearly against his
lcohtention that there would seem 10
De not even so much as a folorn hone
OF reversal of the decision of Judge
Dunn. The decision must have come
as great disappointment to thoAe
few bold and patriotic spirits who es-
poused so unselfishly the cause of
what they termed a long suffering
and down-trodden people, and who
battled for their cause unselfishly
and without any hope OF reward, un.
less 1t might be the hope that they
would evade the just payment of
their taxes-their just share of
the burden of maintaining the
county, and state govern
ment; 1t must have come as a disap-
pointment to that little patriotic
band who cheered them on and APP
plauded them in their labors and at
tacks upon the county officers, and
to those who having had at some
time the distinction of seeing service
as a juryman or served in some other
capacity where they have listened to
the instructions of the court In some
case, and have gone forth fully and
eminently qualified to expOund their
country's laws; it must have come as
a great disappointment and vexatiop
to those lawyers who are ever willing
and glad to extend to the public
their off-hand opinions upon all legal
and public questions without COM
pensation-whp are ever willing and
anxious to impart their legal wisdom
to the laymen free of charge, to-
learn that the court did not agree
with their version of the law; It.
must have come as a heart breaking
disappointment to that poor sinner,
the Journal, which is ever engaged
in calling the righteous to repentance
the paper that ever since 1t lost
the county printing could never see
anything but bad and evil in the as
SCISSOR and the board of county COM
missiOners and which has printed
column after column of matter with
lurld head lines concerning the case,
and made attack after attack upon
the integrity and character OF the
county officials concerning the mat
ter. 1t must have come as a great
to all of these.
History of Case.
The tax case came into existence
last winter just before the payment
of the county taxes became due. A
voluminous complaint was at that
time filed contending. for a number
of reasons. that the assessment for
the last year was illegal. and asked
that the assessor be enjoined from,
the collection of the taxes. The case
came up for hearing before Judge
Woods. and the injunction asked for
was denied. The case then lay dor
40 "a . &,,utl n month aUn shan ~ fnnk
a fresh start. The prosecutors of the
case believed that they had diseoy-
cred in what they termed the failure
of the assessor to publish the delin-
Quent tax list in the required time
provided by law, a valuable point
and a supplemental complaint was
filed. and il was this that constituted
the main question at the hearing be-
fore Judge Dunn, as the other ques-
lions raised had been ruled upon by
Judge Wood. Before the hearing
came up before the Judge the advice |
was fauted in the columns OF the
journal. and by the correspondent of
the Spokesman-Review that there
was no doubt but that the law had
been violated. and that the court
would so decide, and that Il meant
the loss Of all the delinquent taxes
In the eOunty-meant a great hnan-
cial loss to the cOunty-to the state,
as they termed 1t the common