The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1923-11-28

terest that desired abolition of the
tax commission, or any other state
institution that would attempt to
bring the taxation of the 'corpor-
ate interests" of Montana to a point
where they should bear their just
burden.
The hearing on the assessment of
the Montana Power company had
been originally set for August 1, but
at the request of representatives of
the company, who were said to have
| expressed a desire to have it deferred
until Con F. Kelley, president Of the
Anaconda Copper Mining company,
and John D. Ryan, president of the
Montana Power company, could
reach the state from New York and
appear in person, the meeting had
been delayed to August 8. Because
it had therefore been previously
postponed, the commission declined to
defer the hearing longer and refused
to vacate the order as had been de-
manded by Attorney Dan Kelly.
Three Suits Filed
To make good his threat Attorney
Kelly filed three suits in behalf of
the power company against the tax
commission. One suit was for the
Montana Power company, and the
others in behalf of the Thompson
Falls and Great Falls power COM
panies, subsidiaries of the Montana
Power.
It vas at just about the hour that
Judge Jackson was to v court
to hear arguments in the Martien
case that Mr.. Kelly filed his docu-
ments with the Lewis and Clark
county district court clerk. Fact is,
it was reported that Judge Jackson
had speeded over the hills to Helena
in one of the company's fast auto
mobiles, and it probably was the de-
sire to make an early return home
by the same conveyance that prompt
ed Judge Jackson to such brisk
speed that afternoon in the Martien
case, for arguments had proceeded
only 1 hour and Is minutes, by At
torney C.. A. Spaulding of Helsna in
behalf of Martien and by Attorney
General ". D. Rankin in behalf of
the state, that he announced the de-
cision to grant Martien the injunc-
tional order he had sought, and
then disappeared from Helena forth
with.
Spencer Hears Case
Judge Poorman having disqual-
flied himself in the Montana
Power company cases, which had vir-
tually the same basis, and Judge A,
c. Spencer of Billings came here and
heard the arguments on the after
noon of August 81. But there were
no Spauldings in Helena to argue
those cases. Greater force was
brought here for that purpose from
the "Sixth floor" in Butte. Colonel
w. B. Rodgers, with a battery OF
legal terms and law citations, also
a vocabulary without end, bore the
brunt in firing the Montana Power
: company b~ombardment aimed at the
tax commission. Dan Kelly was a
his elbow, and L. o. Evans, John V
Dwyer and other ~glistening lega
lights were in the lists should re
Inducements be deemed necessary
: Judge Spencer, however, contrary t.
: the urs pursued by Judge Jackson
. made no decision at the conclusion
: of the arguments. He took the cas-
/. under advisement, and as the resul
: of the Martien case it never wa
: necessary for Judge Spencer t
make any decision. There were re
F.. ports to the effect that it never wa
: intended that Judge Spencer shoul
. make any decision, providing the de
. cision in the Martien ease wa
against the "big interests" In tina
. manner it could be left to appea
{. that Martien was the "goat" VIII
had made a failure in an attempt
thwart the ideas of the people as
uT the manner in which state tax a
= sessments should be adjusted, instes
a of the power company.
H. OkeH Starts Action
ST While all these attacks were bei1
directed against the tax commissi'
er Joseph Oker also heaved a "dud." !
m was said to be aggrieved at t
an manner in which the county assess
nd had assessed his city property
tn Helena, property which Oker W