Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-02
MUNICIPAL LEAGUE ATTEMPTING
TO SHOW TAXES ARE DIS.
PRoPoRTioNATE.
CITIES AND TOWN PAY
MORE THAN THEIR SHARE
Question Raised Of Jurisdiction Of
Court to Order Executive Council to
Readjust Assessments-Judss De-
Graft, Appontee Of Governor Carroll,
Must Determine Question.

Special to Times Republican.
Des Moines, Nov. will Judge
Lawrence DeGraff. appointee Of Gov
ernor Carroll to the district bench. de-
eide that the aforesaid governor and
his associates are guilty of deliberate
conspiracy and fraud in the matter OF
adjusting the taxable values OF Iowa
property? 1t is going to be up to
Judge DeGraf, already famous as an
injunction maker 10 determine that
question at the term of court which
opened today.
Harry Sampson, special counsel in
the attorney generals Office, today to
filed a demurrer to the petition Of
Frank G. Pierce for writ Of man
damus TO compel the governor and
others Of the state executive coun-
Gil TO reconvene and perform their
duties without fraud and conspiracy
and in accordance with the law. The
demurrer raises all points at issue,
and the case will be fought out upon
it.
On behalf Of the state officials it
will be2claimed that as matter of fact
they exercised proper discretion in
fixing the taxable value OF various
kinds of property. that they acted in
their official capacity. that they fixed
values as they believe them actually
to be and that even if their judgment
was not right ii would now be i'm
possible to have the entire property Of
the state re-assessed in accordance
with the strict letter OF the statute.
The Leagues Claim.
The claim made by Mr. Pierce on
behalf Of the League of Iowa Munich
palities is that town lots and city
property are assessed relatively much
higher than other property He sets
forth in the petition that farm lands
were in fact assessed about so per
cent Of actual value. that railroad and
express property was assessed at
about 55 or SO per cent of actual value
and other property in proportion. In
his petition he asks that the council
meet again and make these assess
ments or readjustments; and also to
increase the valuation Of town lots
from $685.. 100000 to s642,ooo.o0o; the
value Of moneys and credits from
$3.50 .000. 900 TO 500 100000. and Of
merchandise from ss2,0oo,o0O to sse.-
900.
The main question that will be
raised is whether or not even If II be
shown that the assessments and
edualizations as made were not just
right. a district court has the right to
substitute its2 Judgment and discre-
ton for that of the executive council
and to direct that the changes be
made
The Element Of onspiraey.
If II is shown that the element OF
CONSPIRACY and fraud enters into the
cas- the state will insist that man
danus Is not the proper remedy out
action should be commenced against
The accused officials in some other
way. But upon this point Mr.. Pierce
is very plain and definite. He de-
clares that the said defendants and al!
of them did combine and conspire to-
gether fraudulently to evade the la"
requiring that ali property subject &c
taxation within the state Of Iowa shall
he valued al its actual value in the or
binary course of trade. and that the
said defendants did then and there
fraudulently between and among them
selves conspire and agree that the,
| would not adjust valuation Of the sew
eral classes Of property" etc.
Not in Good Faith.
1t is further declared in the petition
as filed that at the time Of the annua
I meeting of the board Of review the
members
Did openly state and declare tina
| they had no intention Of adjusting th'
valuations and would not adjust val
| uations of the said several classes o.
property for taxation so that the SAM
| should be valued at the true and &C
tual market value thereof and tina
said pretended adjustment OF the val
uation of property Of the several coun
ties Of Iowa made by said defendant
! in July. 1911, was not by them mad
in good faith. was not made by then
or am Of then; in the exercise OF the1
honest discretion or any discretion wa
not made By them or any of them un
CDAv HAD MEANC AGT