Daily independent. [volume] (Elko, Nev.) 188?-1915, 1915-01-05
.HUMBOLDTERS SUE
TAX COMMISSION
Institute Action To Secure Relief
From Unjust Raise In
Valuations

boldt county land owners took legal
steps to secure relief from the arbi-
/ trary, unjust and indefensible action
of the state tax commission last No
vember in raising the assessed valua,
ton OF practically every acre of tax
liable landsin this county (except that
owned by the Southern Pacific rail-
road company to from 100 to 700
per cent more than its actual cash or
selling value, says the Winnemucca
Star.
The plaintiffs in the suit, which was
brought through the Reno law firm
of Hoyt. Gibbous & French. are G. d.
Bliss, r. o. Bliss, w. C. Bergman.
III. B. Allfree, A. F. TrousdaIe and
Golconda Cattle company. a corpora
ton, suing in their own individual
capacities ana on behalf of all per-
sons similarly situated. The defend
ants are the county of Humboldt, :
G. Hoenstine, as county treasurer
and ex-officio tax receiver of Hum
boldt county; S. ]. Bonnifield, as Au-
ditor and recorder of Humboldt
county; J. A. Callahan, as district
attorney of Humboldt county; H. NJ.
Leonard, as assessor of Humboldt
county; Nevada state tax commits
sion and J. F. Shaughnessey, C. H.
Colburn and F. N. Fletcher as mem
bers of and constituting the Nevada
! tax commission.
/ q ic fhN,
ment, comprising twenty-four type
written pages and fully sets forth the
grounds of the action against the tax
commission and the county officials
mentioned.
Injunction is Granted.
The temporary injunction and re-
straining order prayed for in the COM
plant was issued by Judge Ducker,
Friday, January Is, at 10 o'clock be-
ing the time set for the defendants to
appear and show cause why the in
junction should not be made perma-
nent. This hearing will be the first
sltirmish in the battle to determine
whether the tax commission has the
legal right to order the assessed valu-
alton of property increased to far
whether the taxes can be legally col
lected on property so assessed
Tender Of Taxes Refused.
Before the suit was instituted a
number of the large taxpayers made
tenders of the amount of their taxes
on the basis Of the valuation fixed by
the county assessor and corrected by
the county board of equalization.
These tenders were, of course, refused
by County Treasurer Hoenstine, who
is ex-officio tax receiver and the in
stitution of the above entitled suit
was the next step taken by the vic.
tins of the prejudiced and utterly In
defensible act of the tax commission.
The action is brought in behalf OF
the plaintiffs individually and on be-
half CT all owners Of real estate in
Humboldt county who may be SINH
larly situated for cause of action.
In substance the points raised in
the complaint and the cause of action
alleged are as follows:
That the attempted and pretended
raises in valuations over and above
those shown on the tax roll as cor
rected by the county board OF equsli-
zation we're made by the Nevada tax
commission after November 10, 1914,
and subsequent to the time provided
by law for the auditor of the county
to deliver the corrected assessment
roll to the tax receiver.
That the county auditor placed the
pretended increased assessments up
on the tax roll long after the time
had expired when by law he could SO
act
That the tax commission mistook
and confused It's powers conferred by
law when it did not exercise It's law
full power at It's session in January,
1914, to district the state geograph.
ically In the matter OF land assess.
ments and establish minimum acreage
valuations but attempted to exercise
such power at it's sessions in October
and thereafter, sitting as a state board
of equalization.
That the tax commission. ignoring
and disobeying the letter and spirit
Of the law. arbitrarily and without
obtaining or possessing any know.
ledge whatsoever of the values of the
property in question. grossly over.
valued the same to an extent exceed.
ing 100 per cent; that none of the
lands so ovor.valued could he sold in
the market for as per cent of the at.
tempted assessed values.
The plaintiffs ask that the pretend.
ed assessments OF their lands and all
persons similarly situated be declared
by the decree and judgment OF the
court to be null and void and to con
stitute an unlawful cloud upon the
titles TO the lands affected thereby.
The plaintiffs also ask that the