| Show IN 1 IA VOt m PLAINTIFF Judge Cherrys Decision in the Mercur Mining and Milling Company Case THE ASSESSMENT OF MINING PROPERTY lell TIol Jo cOOrrelux ome 11 No Gu lolu > 1el Until 11 Aft loca uh oorlleo Judge Cherry Save 1 his Melon today In the case vt the Menur Gold Mining and Milling company Ng William Spry llio county collector ot Tousle finding ssiies fur the plaintiff and quieting title to the property as prayed for The Mercur company was assessed 19 Cj on a valuation of 1300 of net proceeds from January Int t 16J8 to June 1st 18JO The company contended con-tended that Its net proceeds during the time mentioned did not exceed Siiww and further claim d that 10 mills of the Z74 mill levy 1 was void by reason of IrrrRUIarlty In the levy The cent Ian then fold u I 1T4 mill tax on A 11110 000 and Ux > Its refusal to pay he remainder ot the lax J7S7 the county Hector old one of tin dalm In stuisfacilon of the unpaid tux Milt was thin Instllulcd by the company ihalnst Mr Spay the collector It hong alleged that the taxinc of the net 1ro ceeds of the minis nun llleKal that 10 mills of the 21 > i mill tax was void and ill 11 t In any eenl It Should n1 hov Ien A lix1 oil I valuation uf 1000 Judge Cherry holds that the cOIIH < Iltloll 1lovllono providing fr tax of the ml iiiHiiilo of entries was not self executing and therefore did not BO Into effect until the lenlslltlvn tn letment upon the matter which was nppuncd April 6 I Full the law in his opinion not taolng letrospcctlif Jlc further hold that tile ten mill school tax at Mercur Is I vold by reason of the fact that the boned nt trustees le > led the tax Instead of tile I taxpajers Ile filau holds that the count hooting Paid luxes of Its own lcor < on n in station oC 0000 It is I now estollped fillet tills sum t not a just Hn1 proper amount anti thlll II cannot collect luck the um thus ti1114 although ne odlul if tile lourt olluon they owed lien than onethird of that omounl A decree IN I According entered en-tered quieting the mining claim In JuNa tin it The effect of Judge Cherrjs decision will Rite those who tune paid taxes on that not lirtite19 oC sables under pro 1Inl 11 for the lierlod of Jon 1836 Palo ad April 1150 the light to recover back |
