OCR Text |
Show The 'fax Case. The contiuuntiuuof the hearing in the case of the Bingham and Camp Floyd and Wasatch and Jordan valley railroads uuioat Cuunty Collector Crismoo, wherein the defendant is called upon to ebow cause why an injunction should not issue restraining restrain-ing bim fiora levying upon the railrmH property lor taxes, whb resumed re-sumed yesterday alternoon. The defense offered in evidence affidavits in addition to those read at the last bearing in this matter. 1 The plaintiffs cilled as witnesses in the case Collector Crismoo, Judge Rnlhoi-Un-I nnrl Hrtn n t v niprfe RnfL-- holt. The collector was called to establish the far-ta that it had been customary to keep tbe ssiessment roll in his office until the commencement commence-ment of the present controversy; that the books were then taken to the county clerk's office; that Judge Sutherland had asked to tee the- roll, and that the clerk had declined to grant him the privilege; that the clerk bad nmJt) certain corrections in the rolls, each as inserting the dollar mark before figures and the per cent, rate of taxation, and that the assessment list for the year 1876 had been entered in the books since the institution of the present suit. Judge Sutherland testiGed substantially as t'le above, and that he had examined the books and found that a rectification rectifica-tion of the alleged errors had been made since the beginning of tbe case. County Clerk Bockholt had been requested to produce the originals of the statements made by him to the territorial auditor of public accounts regarding the financial condition of the county, including tbe receipts and disburse ments of its moneys for the years, 1871, '7o, '76, '77 and '78. Upon taking tbe Btand he testified that he bad made diligent search in his office for them, and though they should be there, be was unable to find them. He was then shown the statements as published by the secretary of the territory in the proceedings of the legislative assembly, and asked if they were correct, but said he would not like to swear from memory regarding the figures. A discussion bad arisen as to tbe admissability of Buch evidence, evi-dence, but the court ruled it in, as also the statements in the minutes of the legislative proceedings, wbioh were read to tbe court by tbe plaintiffs. plain-tiffs. Exceptions were taken by the defence to all the rulings of the court in admitting this testimony. County Clerk Bock bolt was still on tbe stand when an adjournment was taken till this morning. |