The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-07-13
% why the temporary Injunction
should not become permanent.

% why the temporary injunction
should not become permanent.
Sheriff NcCain Of Richland county,
today served tie members OF the COM
mission and Attorney General Peoples
with the injunction order.
The National Loan and Exchange
bank of Greenwood and w. T. Bailey,
through their attorneys, B. Hart Moss,
T. P. Conran and Grier, Park & Mich
olson, today filed with the clerk of
court of Richland county an alterna-
tive writ of mandamus, issued by tie
clerk of the State supreme court, On
orders from R. C. Watts, associate
justice, directing A. W. Jones, John P.
Rerham and w. G. Query, members
of the State commission, 20 return to
the county auditor for Greenwood
county the tax return or statement OF
the National Loan and Exchange bank
of Greenwood, with assessment made
thereto by the county board of equali-
zation."
The writ of mandamus is made re-
turnable before Justice Watts at Lau-
rense on July %.
Burden of Complaint.
Tt-e burden of the complain of the
banks is that returns had been made
to the county boards of equalization,
and that the State lax commission has
illegally assessed the banks OF the
State.
The complaint says that "t.e tax
commission is proceeding to tax ini-
tally and will assess, unless enjoined
by this honorable court, the property
of this bank and the property of other
banks of this State; tnat it is not un-,
dertaking to assess the property of in
dividuals of the State of like kind and
character and similarly situated" The
complaint AYERS that the State tax
commission has made no attempt to
equalize the property of the banks
with that of individuals Of like cnarac-
ter and similarly siuated; thar the as
sessment of the banks by the COM
mission is unequal and excessive.
t. e complaint further says:
''That under the laws of this State
the value of the shares Of stock in this
bank is alone subject to taxation, ex-
vept real estate owned by it which is
assessed against the corporation, and
the value of the shares is reduced by
the value of such real estate-and the
shareholder, and not the bank, is re-
Quired to pay the tax-except that the
bank is allowed to pay the same for
tie shareholder, and, therefore, the
commission has not right or power to
assess the property Of this bank, but
must proceed, if at all, against the
shareholder, and deal with the said
shares of stock as with other indi-
vidual property, and the value Of said
shares Of stock as eQualized and as
sessed by the county board of eQuali-
zation for taxation and adopted by the
county auditor can not he changed
without notice to the shareholder,
and without eQualizing the assessed
value of the same with the assessed
value of otner individual property and
the valuation already fixed by the
board of equalization of the county in
proportion to its value, and the pro-
posed increased assessment is in
equitable, unjust and Illegal, and
places an illegal and unjust burden of
taxation on said shares, and is not in
proportion to the assessment upon
other property in said county and
State in like situation and condition
'The commission is without jurisdic-
ton or power to assess property OF
this bank, either real or personal, for
taxation, or to alter, change, increase,
or in any other way modify the assess
ment already made of its property pur
suant to law under the authority of the
provision confined in the code of laws
of 1912, and amendments thereto in
this behalf" because the title of the
act creating the commission is not
germane to the body of the instru-
Lment; and that it is in other ways