Bisbee daily review., 1912-02-13
INJUNCTION Is
 ID BE SOUGHT
City Is Notified Proceed ings Will Be Brought to Set Aside
 Ordinance
REAL ESTATE AGENTS

The city of Bisbee, through it's at-
 torney, Ed J. Flanigan. was yester-
 day notified by the Hoffman Bros
 Loan and Trust company. and A J. ! Kiss alburg an employe Of the com Wny, through their attorney, George
 Neale. that an application for injuno-
 tion 10 prevent the city from enforc-
 ing ordinance No. IT, taxing and regulating certain real estate agents.
 The hearing of the application for
 injunction will take place Friday af-
 ternoOn at one o'clock, in the super
 for court of -the state of Arizona. at
 Tombstone. The application was
 made to this court, anticipating the
 admission of Arizona as a state on
 Wednesday. If the Anticipation is | realized. the hearing will be before Judge SItter.
 ccnstitutionality Attacked \ The application Tor injunction. a copy of which was served upon the
 city attorney, attacks the constitution ality of the ordinance on the one hand. and on the other hand asserts | that the ordinance is not applicable
 10 the plaintiffs.
 \ The application to the superior
 court states that the plaintiff is not
 in the business of real estate agent
 or broker or srb-aftn1" and this
 statement is explained further on in
 the document by the assertion that
 the real estate sold by the plaintiffs
 in the action is the property of the
 agents. and that they have not and
 will not act as agent of any other person or corporation owning proper | ty.
 | From this it is adduced thst the | plaintiffs will assert that a corpora. ton can not be its own agent. It
 is denied that Kisselburg is a sub. agent. but is an employe of the corporation, receiving a fixed salary, and not a percentage.
 Discrimination Alleged
 It is also asserted that ordinance ! No. 147. licensing "all real estate agents provides a quarterly tax of ! fifteen dollars. and that ordinance :. No. IF. taxing agents who sell realty
 not located in Cochise county, creates
 a discrimination as between real es.
 tlte agents. The ordinance is also
 attacked on the ground of being in . violation of the constitution of the
 United States. and that il is gross 1 ly excessive. confiscatory, unreason. | able and prohibitory."
 | lt is asserted that the license i'm posed by ordinance No IT is on an average. fifteen per cent. of the prof.
 its of this class of real estate con. cerns for . quarter year period. The 1 application alleges that the ordinance
 was drawn and passed for no other ! purpose but 10 prosecute and iIa- l pose on the plaintiffs.
 | The ordinance provides for tax
 on agents as well as sub-agents og
 an agent. and this provision is at
 lacked on the ground that it imposes double taxation. It is asserted that
 the plaintiffs have qualified 10 do | business in Arizona by complying
 with the territorial law, and denies
 that the city has a right 10 tax or
 regulate the paaintin company Becomes Effective Monday
 The ordinance in question will be come effective on Monday. February | l9. As the hearing of the application ! for injunction will take place on Jan uary l6 no temporary restraining or. ] der was asked for by the plaintiffs The Hoffman Bros Loan and Trust ' ND++- lNIF ID A6AlALS Us own DdtI4- ! in oIspOsing the ordinance. While the application attacks the constitu- tionality of the ordinance. it is as. sumed from the application that the | plaintihs' attorney will attempt 70 | show first that the ordinance is not | applicable to the plaintiffs. The proceedings SO far ara limited | 10 notice that an injunction will be i asked for. As the application is | made to the superior" court, the | application itself will probably not | be filed with the clerk of the court | until after the president issues his | proclamation admitting Arizona to | the union of states.
 Passed Last Thursday The ordinance in question is num- Der IT, which was passed at a spec 1 [ ial meeting of the city council last | Thursday evening. It will become | effective whsn the provision Of law | requiring its publication in a news | paper for eight consecutive days has | { been complied with. which will be Sunday. February IS. As the ordi. | nance is attacked on the grounds Of | unconstitutionality and non.anplica- l bility. an injunction may inhibit the | enforcement of the ordinance az be- ing unconstitutional, or it may limit | its application by excluding the plain tins from it's operation.
 The ordinance proposes a tax and | A regulation Of agents or sub-agents selling real estate not located in Co chise county fying the tax at s75 | ner nuarter wear. It is underrood that the city will take the stand that it has a right to classify real estate agents just Ps various merchandising concerns aTa classified.
 The other ordinance that has con tributed to the 'gaiety of agents in Risbee, an ordinance placing a license tax on agents fo- life. fire, accident fidelity. surety. bonding and plate e'ass insurance. is technically in 'rar si'u" to the publishers. It was passed by the conncil that approved the real estate ordinance. but it is a card in the city's sieve. so far