The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-07-13
ORDER TO RESTRAIN
TAX COMMISSION
BANKS OF STATE ATTACK CON-
STITUTIONALITY OF ACT.
Order Granted by Judge Watts Re.
strains Commission From AS
sessing Banks.
News and Courier.

sessing Banks.
News and Courier.
Columbia, July 9.-The banks of the
State have attacked the constitutional
alisy of the act creating the State tax
commission and it will now have to be
passed on by the courts. Mr.. F. Bar
ron Grier of Greenwood, representing
the National Loan and Exchange bank
of Greenwood, with Messrs. Park and
Nicholson and Representative Goth
ran of GreenTille, representing the
Peoples National bank o. Greenville,
and B. H. Moss, representing the banks
of the State, have secured from Asso-
ciahe Justice Warts an order directed
against A. W. Jones, W. G. Query and
J. P. Derham, the three members of
the State tax commission, restraining
them from assessing the banks. The
order is returnable before Justice
Watts at Laurens on July %, when a
hearing will be had. The commission
IS ordered to show cause why the in
junction should not be granted.
The order was filed in the Office of
tie sheriff of Richland county today
and copies were served on the COM
mission and on Attorney General Pee
pies. The commission will be repre-
sented by Attorney General Peoples.
Complaint of the Banks.
The complaint of the banks alleges
} that the act creating the State tax
commission is unconstitutional in that
: the original filed in the Office of the
Secretary of State did not lave the
great seal Of the Stare affixed to it on
June "a, 1915. The complaint further
alleges that the act is unconstitutional
because the power given in sucn act
is not germane to the title nor ex-
pressed in the tile Because further
that tie tax commission is given power
to make the annual State levy enough
to raise the appropriations made by
the general assembly and that this is
unconstitutional, which the complaint
charges In that TIE general assembly
alone has the power to make the an
nual levy. The complaint charges that
the attempt of the tax commission to
fix the assessment of the banks for
Me year 1915 is in contraventioE Of
acts OF congress in reference to the
taxation Of national banks and Of tine
acts of the legislature in reference to
the taxation OF State banks and with
the constitution of South Carolina,
section 5, article TO-
THE complaint further charges that
the act is not TIE one passed by the
house and senate, that the senate
amendments providing for a board Of
review were adopted and that this was
/ left out of the act which was signed
by the governor, ar charges that the
act as passed by tie two houses and
that signed by tne governor are not
one and the same ard that it, therefore,
is unconstitutional and void.
Temporary Injunction.
The Peoples National Bank Of
Greenville, through its attorneys, B.
H. Moss, T. P. Cothran and Grier,
Park & Nicholson, today filed with the
clerk of court of Richland county a
temporary injunction against A. w.
Jones, John p. Derham and W. G.
Query, members OF the State tax COM
mission, restraining them from further
assessing and equaIzing the property
of The banks and banking corporations
of South Carolina. The injunction or
der was signed by R. c. Watts, asso-
: eiate justice, and the members Of the
members of the State tax commission
! are cited to show cause before Justice
Watts as chambers III Bsurens on July