Bisbee daily review., 1912-03-06
CITY TEMPORARILY
 RESTRAINED FROM
 CHARGING LICENSE
Insurance Companies Are Given Writ Asked in
 Their Motion
DISMISS ONE SUIT

TOMBSTONE, March 5.-( (SpeciaD The application against the city of Bisbee to prevent the. city from col lecting S7.50 a quarter from the in- surance agents Of the city was up be- fore Judge Sutter iR the superior court this morning. The insurance agents were represented by Attorney George Neale. while the interests of the city were looked after by City Attorney F. j. Flanigan. The clse was to have been called yesterday, but owing to the illness of Attorney Neale 1t was not called. The Ordi' nance was passed by the city council a few weeks ago, but was not en- forced. as it was understood that | test case was to be made of it. 1t is the contention of the insurance agents that they pay a state tax to do business in the state, and that | the payment Of a tax to the city would be a double tax. They claim that they come under the same sec ! ton of the territorial statutes that provides for the payments of taxes by the telephone and telegraph com panies, which are. exempt from the payment of any tax but the direct ! territorial tax of one per cent. on ! the earnings After considerable ar gument on both sides, the court took ! the case under advisement until this afternoon, when he decided to grant 1 g temporary injunction to prevent the city from collecting the license tax. The other injunction case against ! the city Of Bisbee, brought by Hoff- man Bros Loan and Trust company, to prevent the city from collecting a quarterly tax of S75 on real estate agents selling real estate not located in Cochise county, which has been pending for the past few weeks and which has been up before the court on several occasions and argued pro and con. and number of demurrers | etc. overrHled and in which tempo rary injunction was granted, was also decided by the court this afternoon 1 The court held that the plaintiffs did not come under the wording of the ordinance. but dismissed the tempo rary injunction.
 The case of Peter Trolia ys Joe 1 Giacolletta ct al, for debt, was called and the case against Giacolletta was 1 dismissed, as was also the case | against the garnishee defendant. the i Tombstone Consolidated Mines com pany. and judgment was confessed by l Frank Payla, the other defendant for { the amount of the debt.
 Here from Pearce
 Deputy Sherin Scott Gatliff, ot ! Pearce was in the city today, being c5lled here as a witness before the superior court He states that ' Pearce is improving. and that num- Der of new families have moved into that city during the past few weeks. 1 The new company that has a bond on the Commonwe alth property is mak- ing preparations to do further deveE opment work. and will soon make a definite decision for the erection Of the mill and cyanide plant. IL is un- ! derstoOd that arrangements will be made 10 handle custom work when the mill is completed, and this will afford a number of parties who re- side in the vicinity of that place and own mining properties there, an op- portunity to have their ore handled, . which could not be done before, as the Commonwealth company would not handle custom ore MT Gatlln states that the Commonwealth EXten sion company is still at work, and that they have already opened up seV- eral small bodies of ore. In this con nection, it might be well to state that an assay made in this city of the ore from the latter propery showed forty ounces in silver and S4 in gold. MT. Gatlin says that Pearce continues to be on the m:p in the way of sports. On Saturday a ball game was played | there between the Pearce nine and the Cochise nine. ana on Sunday the n:ame was between the Tombstone and Pearce high school teams and that on March lG a program of bron- cho busting and horse racing has teen arranged, and probably a ball game Mir. Gatliff returned home this afternoon.
 On Inspection Trip
 Supervisor William Riggs returned last evening from his home at Bran mock and left this morning with Sup eryisor Rock for Charleston. where they were to meet Chairman Hickey. Road Superintendent Benton ani County Surveyor McNeish. The party will then make visit to the outlying EOdQ anu AhoptNb iAAt NNNiANJ roads. with a view of having them surveyed and mapped. They will al- | so inspect the branch county jails in their travels. The proposed trip will take nearly a week.
 Re-Appointed Referee
 Daniel Mcfarland, of this city re ceived notice of his appointment as | referee in bankruptcy for this county ! The appointment was made by Judge Morrow who arrived in Phoenix yes terday to organize the United States court in the state, as there have be-a no United States officials since Feb ruary 14. The appointment of Judge Mcfarland meets with general ap- ' proval. as he has been acting in that position. under appointment from Judge Doan, for several years past and his rulings have always been sus- tained by the higher courts, and the majority of the lawyers of the coun- tv had endorsed the judge for the position.
 Hearings Set