The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-26
Pullman COmpany's Protest Is
Heard by Judge Pollock.
Increase in Valuation Not
Proper, Concern Contends.
KELLOGG, TRUST BREAKER
Former Special q. s. Attorney
Represents Car Interests.
Cope Cases Are to Be Taken
Up Next.

Arguments in the injunction proceed
ings filed by the Pullman company
against the state tax commission to
prevent the collection of taxes on all
alleged erroneous assessment are being
heard today by Judge Pollock. Frank
B. Kellogg, who recently played an
important part in federal trust in
vestigations, is in Topeka and will
this afternoon argue the motion for
the Pullman interests.
Application for an injunction was
filed in the federal court in December
last year and restraining orders were
issued by Judge Pollock to stop the
collection of Pullman taxes in Kansas.
In the application for writ. 1T Is
charged that the act under which the
assessment was made is unconshtu-
tional and that the valuations placed on
Pullman property in Kansas are er-
roneouS and excessive.
When the returns were made last
year the Pullman valuations in Kan
sas were increased more than 100 per
cent. Their valuations were given to
the tax commission at an amount IN
excess of 2,OU0,000 as against valua-
tion of the previous year that hovered
around the S1,000,000 mark. Immedl-
ately there were loud protests from
the Pullman Car company, but de-
mands to reduce the assessment bore
no fruit. The valuations as returned
rolls and the Pullman people were con-
fronted with the enforcement of an
order to collect the taxes
Then came the suit in the federal
court An application was made for
an Injunction and pending the final
hearing, Judge Pollock restrained the
tax commission from making collection.
1t was to dispose of this case that
Judge Pollock came TO Topeka today
and is hearing arguments in the case
which means the collection of thou
sands of dollars III taxes.
Trust Buster Pullman Counsel.
Special iml lortance is given the pres
eut hearing because of the visit Of
Frank b. kellogg to Topeka Kellogg,
as a special attorney for the govern
-nent attained a national reputation as
a trust investigator. 1t was the Min
neapolis lawyer who cleverly brought
to light and put in the court records
things that the Standard Oil company's
books did not reveal and secrets which
the high and trusted officials carried
in their breast under time lock.
kellogg is an attorney for the
Pullman company and when the big
tax suit was set for hearing in To-
peka was sent to Kansas to work on
the firing line. With Charles Blood
Smith of Topeka, Kellogg is prose
cutting the application for a writ of
Injunction kellogg himself will this
afternoon close the argument to make
the Injunction perpetual and has pre-
pared for the fight by careful study
of the Kansas system of tax assess
ment He will present the constitu-
tionaI side of the controversy and will
likely spend an hour explaining why
the Pullman valuations should be re-
vised downward.
Cope-Moore Gases Next.
Following the Pullman case, Judge
Pollock will hear arguments in the
Cope cases now pending in the fed
eraI court A demurrer to the petition
suit is to be disposed of. This mat
ter will be disposed of before the case
is called for trial in Topeka in April.
At the morning session the court
gave attorneys in the gas company
cases ten days in which to file briefs
on a motion to remand to the state
courts These damage suits against
the gas company were removed to
the federal court two months ago on
an order from the Shawnee county
district court, both Judge Dana and
Judge Whitcomb concurring in the
order Motions were then filed to
remand to the state courts. No oral
argument will be heard on these mo-
tions and the court will rule in April
on the briefs submitted by the attor
neys.
Several other formal matters may
be presented to the court during the
special session in Topeka. The hear
ing will close Wednesday evening,
when Judge Pollock will return 10
Kansas City.