Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-12
APPLY TO THE SUPREME
COURT FOR WRIT OF
PROHIBITION
MAY INCREASE OTHERS


Special to The world
OKLAHOMA CITY, Dec l.-Ap-
plication for a writ Of prohibition
seeking 70 have the state board OF
equalization barred from certifying "a
the various county assessors the In
crease Of slO.5OO,OOO In it's assess
ment made yesterday by the board
was filed in the state supreme court
today by attorneys for the Prairie oil
n Gas co. Attorneys g. B. Amos Of
this city n. A. Gibson OF Muskogce and
~ +. Van Tuy OF Independence, Kan.
represent the Prairie company In the
| case
Wee chief Justice John B. Turner
did not grant the alternative writ OF
prohibition asked for at this time, hut
set the case for hearing on arguments
| for 10 o'clock next Tuesday morning
! In the meantime, Attorney Genera
| West and the state board of eQudliZa
| ton have agreed that the assessment
wi not be certified out uutll the case
| Is heard.
Result of Tax Ferret.
The action OF the Prairie oil &
| on tho part Of the state board OF
| equalization late yesterday afternoon
| In adding $10,500,0O0 to the assessed
valuation Of property Of that concerI
| In oklahoma upon application of G
| IA, Pttmau, tax auditor. Pittmat
| claimed that he had discovered valu
! able leases OF the Prairie compau,
| that had not been taxed by local uu
thorties and had escaped the atton
| ton Of the state board OF equalization
when Its first assessment of approx
mHtely $35, 900. 900 was mado agains
the concern on August %, 1914
The defendants named In the ap
plication for writ OF prohibition ar
Lee Cruce, governor, Robert Dunlor
treasurer; BENJAMIN Harrison, secre
tary of state; Charles West, attorne
general; Fred Parkinson. state eA
aminer and inspector; c. T. Bryan
president board of agriculture, ana
c, MCClelland, state auditor, compos
ing the state board Of equalization,
What Prairie Claims.
In their application for writ o
prohibition attorneys for the Prairl
on x Gas Co set out that the prop
erty OF the company was fully as
sessed and the assessment duly Certi
He'd TO the various county clerks ol
August %. 1914, and that the matte
of fixing the valuation cannot nov
be reOpened by the board They ais
contend that tho board has also mad
the state tax levy which has ais
been certified by the auditor to tn
various counties of the state, thu
barring further assessments Of valua
tlOns by the board. 1t Is further con
tended that tho state board Of equal
zation, by its action yesterday, at
tempted to assess certain oil and ga
leases for the fiscal year, ending Jun
30, 1913, which belong TO the com
pany and which are exempted fror
taxation as such by a recent declslo
of tho state supreme court Attor
neys for the Prairie company ais
contend that the West amendment I
the constitution substituting a grOs
production tax for all other taxes o
oil was adopted I'm the election No
vember last. and that therefore, u
valorem taxes cannot be levied agains
the properties Of the company. TIL
contention that the West amendmen
was adopted Is based on the propOsI
tion that IL was voted upon separat
ballots, placed in separate ballC
boxes and counted separately frOT
the ballots and returns on electio
OF officers. and hence only required
majority of votes cast on the subjeC
in its favor to be adopted which
received. The contention that tn
amendments failed because IT did NJ
receive In its favor majority OF a
the votes cast In the election is de
MED by attorneys for the Prairie
IL was learned today that G. I
Pittman. tax auditor. encouraged b
his success In the Prairie matter, wi
seek to have additions in sever;
counties made to the assessments {
I the Gypsy and Producers cOmpanie
, In case local authorities do not aC
/ the state board OF equalization at an
, other meeting TO be held next Thur
day may consider Increase again'
the assessments OF these and othc
companies.