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Show THREE' IMS 1H1GX1 KJ Glffi TAX. JOLT HEARING Oil PETIIli Bill J Forty Lawyers Pitted f-Against Two State's Attorneys in Case , j Involving Millions ST. LOriS. or sninf other rilv in tht Kast, may b tho stTiif of litigation to determine tin constitutionality of 1 lift occupation occupa-tion mine tax law passed by tin last I'tah legislature and upon invalidity in-validity of which hinges an Income t , the state of several million dollars in ! taxes from mines. Hearinc on the application of twenty f the richest mining com panfes of the stHle for an Injunction restraining Oantel O. Iaraon. as stale treasurer of I'tah. from aellina; t In-proper In-proper t ies at a net ion for t he collec-tlon collec-tlon of the occupation tax next Monday, Mon-day, was begun before Judge Tillman I). Johnson in the t nlled Htatcs court ' today, I THREE JUDGES NEEDED. In praying for the Issuance of the rest ratnfng order, counsel for the plaintiff companies cited a low passed by congress in June. 1910. prescribing that in such litlgatlona the trial Judae 'imisi fall In ss assiwtnieg g mem tie i of the supreme court of the United Statea and a t'nfted States circuit Judge to sit with him in hearing the evtdenc and granting a decree. Two circuit Judges and the federal district Judge may also eomitnse the tribunal In rase a member of ths aupreme court cannot be secured. MAY LEAVE STATE. While no definite action was taken. It has been tentatively agreed that Judge Johnson and counsel for both sides should go to St. Louis or some other central pofnt to hear the cass. In this event It la probable that Judge Walter H. Sanlwirn of Kt. Paul, pre-aiding pre-aiding Judge of ths Klghth circuit, would be called to ait as one of the Judges In the special tribunal. The other Judge would he selected by Judge Johnson and Judge Sanborn. MILLIONS INVOLVED. Ths litigation Is said to Involve mors than f30u.000.000 worth of mining properties and 117.000 in taxes, alleged al-leged by the state treasurer to bs due the atate of ltah under the provialons of the occupation mine tax statute. When the hearing on th petition of the plaintiff companies for a restraining restrain-ing order to prevent the sale of the properties "under the hammer" Mon-dsy Mon-dsy morning, was begun, perhaps the biggest and most prominent array of legal talent ever assembled In one suit In I'tah wss present In the courtroom. TWO AGAINST FORTY. Attorney Ceneral Dan R Shields snd Assistant Herbert Van I um were the sole representatives of the stats and wers pitted against forty attorneys representing the plaintiff companies. I 'pon re j uef t of Mr. V a n I a m. Judge Johnson granted an adjournment adjourn-ment of court until afternoon, to permit per-mit the state's attorne a to make a more extensive review at the case. Th attorney general promised ft defer the ssle of the propertls )n question in the event a restraining order could not be issued until Monday. This would permit the plaintiff companies to file a bond. It is set forth In the complaint that the occupation tax is unconstitutional, on the ground that it was passed by the legislature after the legal time of session for that body had elapsed. It it also claimed that the turning back, of the clock cannot save the statute. ifotitlnued on page 2t HEARING ON PETITION (Continued from page 1.) The ocrtipatlon tag Is S per cent of the net proceeds of the mines. COMPANIES INVOLVED. H ia admitted by both attorneys for the state and the mining companies that the Impending litigation will be one of the moat Important ever held In I tatl, The companies Involved In the suit are: l'tah Copper, Pleasant Valley Coal company, ntih Fuel company, Bllver King Coalition Mining company, ti rand Central Mining company, o)d Chain Mining company. Chief Consolidated Mining company, represented by Ilck-on. Ilck-on. Kills Lucas; Kagl A Blue Bell Mining company, Bingham Mines company, Victoria Consolidated Mining company, Mammoth Mining companv. Bullion Consolidated Mining company, American Fuel company, represented by Tey, Hoppaugh Fabian: Stand -w ard Coal company, represented by Al- bert K. Barnes; lTtah ApfX Mining . compaay, Cameron Coal Company. Bco-field Bco-field Coal company, represented by Bagley aV Ash ton; Ohio Tpper com , pany, represented by van Cott. Rlter A Farnsworth: Western Utah Copper company, represented hy Preston I). Hlchards; Cardiff Mining and Milling Mill-ing company, represented by William M. McCrea. |