Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1914-05-22

valuations as indicated in the
plaintiff complaint.
@, II. Tyler testified that he
was Commissions Nagel's son'in.
law. He testified that he examined
nearly every piece of property in
the precinct before entering it upon
his field book. Mr.. Nagel had
insisted that some of the assess
ments Tyler had made against him
were too low and insisted that they
be raised. Upon the field books
were notations by Tyler of too
high" upon the valuations Nagel
had insisted he be assessed at.
J. B. Whitcomb was called to
show that an old barn and fence
on a piece of property belonging to
him had not been set down in his
Improvements tax.
Herb Webster, as clerk of the
commissioners, testified to the
minutes as entered for the board of
equalization meeting and that the
board granted an audience TO all
persons who sought it as a board
of equalization and that there had
been no complaints filed that had
not been acted upon.
Webster's testimony finished the
showing of the plaintiff and the
defense moved for a non-suit upon
the showing made. Arguments
were made upon the motion for
the non-suit at a session Monday
evening and again Tuesday morn
ing.
Attorney Taylor contended for
the defense that the minutes of the
board indicated that they had met
as a board of equalization the first
Monday in June and that while the
minutes showed that the board had
also done business as a board of
commissioners the law fixed July
meeting of the board as board of
commissioners; that there was moth
| ing in the minutes to indicate but
that the board was ready to listen
to complaints filed with it as a
board of equalization; that the only
evidence produced that the board
had not examined the tract books
tract by tract and name by name"
had been adduced by Coleman s
statement that Nagel had said at a
meeting of the Clarksfork tax league
that it was impossible to scrutinize
every description in the county.
As to the Improvements, upon which
pictures had been produced show
ing some old barns and outbuild-
ings that had not gotten in the
Improvement" column as the as
sessments submitted by the plain
tiff, there was nothing to show but
that these improvements were con-
tanned in the real estate descrip-
tons and evidence had been pro-
duced to show that Coleman the
year before as deputy assessor had
not carried out these improvement
assessments on the same property
as now submitted by the plaintiff.
There had been no wilful neglect
shown and the plaintiff was asking
that Mr.. Nagel be found guilty
and fined $500 upon flimsy and
unsustained charges.
Frank Mccall for the plaintiff
and Prosecuting Attorney Wernette
of Occur d Alene, who came over
to help try the case, laid great
stress upon the fact that the COM
missioners proceedings indicated
that they had met as a board of
commissioners during July when
the law provided they should hold
their meetings as board of eGuali-
zation exclusively.
At The close of the arguments
Tuesday noon Judge Dunn made
known his decision in favor of the
motion for a non-suit without leav-
ing the bench.
Two similar cases were brought
in district court against Commits
, sioners McColl and McCombs, il
which Coleman is the complaining
. witness. Inasmuch as they set uI
the same line of facts as were sub
mitted in the Nagel case they will