Show BIEIiCUR COMPANY TAX CASE On Hearing Last Might Before Judge Cherry Judge Cherry held a night session of court yesterday to hoar the cas2 of the Mercur Mining Milling company against William Spry county tax collector col-lector of Tooale county Attorney Frank Pierce represented the plaintiff and Attorney general A C Bishop aid Attorney B X Smith appeared for the defendant It was alleged in the complaint that Sn 3806 the net proceeds of the company com-pany were assessed at 350000 the tax on which at the total tax levy of 27J < mills amounted to 9C25 The assessment assess-ment Is alleged to have been wrongful wrong-ful upon the ground that the net proceeds pro-ceeds amounted to only 5100000 anti further that the amount vas distributed distrib-uted among the stockholders who paid the tax upon it themselves It was also alleged that 10 mills of tht levy of 27 mills was illegal for the reason that said 10 mills a special school tax had not been levied by the resident tax payers at any public meeting held for that purpose and that the defendant had not had an opportunity oppor-tunity to appear before the board of equalization to have the matter adjusted ad-justed The company paid 1750 the amount of a17 mill levy on 100000 and asked for an injunction to prevent the collection col-lection of the balance of the levy aa made by the county collector wiuch amounted to 7S75 The defendant demurred to the complaint com-plaint and on March 13 1897 Judge Cherry sustained the demurrer holdIng hold-Ing that the company should have paid the entire tax und r racIest < 3 a t the county to get it back His honor at that time also held that an injunction injunc-tion would not be efficacious in preventing pre-venting the collection of a tax only a portion of which was alleged to be illegal After that ore bf the mining claims of the company was sold for the taxes and the case came up for hearing on its merits last evening Ths testimony ani proofs weac aH in when court adjourned and the arguments argu-ments will be made on Saturday Oct 1G Leonard Guilty of Burglary William Leonard was put on trial yesterday before Judge Jsorrell on the charge of burglarizing the barn of Fred Carbon on Sept S last and stealing steal-ing therefrom two sets of harness of the value of over S50 Assistant County Attorney Putnam prosecuted and Attorney At-torney D K Wells defended the accused ac-cused The case reached the jury late in the afternoon and a verdict of guilty was returned Miller Acquitted The trial of C S Miller on the charge of grand larceny for picking the pocket of George N Thompson on July 1 1S97 was resumed yesterday morning before Judge Norrell and reached the Jury about noon and later in the day a verdict ver-dict of not guilty was returned and the defendant discharged Miscellaneous Notes Lillian M Webster yesterday commenced com-menced suit for divorce from Alan L Webster alleging that the marriage took place on Dec 2 1890 in this city and that the defendant had bean guilty of cruelty toward plaintiff by threatening threat-ening her with bodily injury and calling call-ing her vile names Fred Simon vs Jane Palmer settled j and dismissed G B Pfouta vs H H Anderson passed to foot of the calendar on motion mo-tion of the plaintiff Fritz Rettlcn has entered suit against the Frederick Crown Prince Mining Tunnel company to recover 8177550 alleged to be due for work and labor conformed Attorney Charles J Pence left last evening for Washington B C to take part in the arguments in the United States supreme court on lbs constitutionality constitu-tionality of the 8hour law passed by the Utah legislature The hearing is set for Oct 18 and Mr Pence appears on the side which favors to the constitutionality con-stitutionality of the act |