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Show t , ! TJTA'1 LT8RW i i t i 4 YOU. 7. NO. 23. SALT LAKE CITY, UTAH, JUNE 8, 1928 Salt Lake Democratic Women Planning Garden Festival For June 14 .4iiineroiu Women From Outside of County Signify Intention to Attend Affair to be at Home of Mrs. Burton W. Muster; All Democrats Invited. Th Salt Lak Women's Demowith Demcratic dub ocratic women from the entire atate, Is planning a Urge luncheon and garden party on. Thursday. June 14th at the home of Mrs. Burton W. Musser. 11 IS Harvard avenue. Luncheon will be served on tables in ths beautiful garden, and cards will follow. Astrtng quartet and vocalists will furnish music. Besides Salt Lake county Democratic women, who are Invited to make reservatlona for thU last social event of the aeaaon, numerous women from other counties have llrcady signified their Intention to he present. Among those expected to attend are Mrs. Western Vernon of Lagon. Mrs. Ines Knight Allen, Mrs. IV. H. Snow, Mrs. ChrlstUn Jensen, and Mrs. H.- W. Gore oi Utah county; Mrs. Joseph Chea Mrs. Stuart Dobbs, and Mrs. Joseph Westermeler of Ogden: Mrs. Elmer G. Smith who will bring a party of friends frqm Tooele, And Mrs. D. L. Rice, who will also bring a representation from Davis county. Reservation for luncheon and cards, which will cost only fifty cents, may be had from any of the following members of the luncheon and social committees: Mrs. Burton W. Musser, Mrs. J. 8. Hlbbert. Mrs. George May cock, Mrs, T. T. Burton, Mrs. Byron Kebaker, Mrs. George Calder, Mrs. B. F. Quinn, Mrs. M. Harvey Ward, Mrs. W. & Romney, Mrs. W. O. MItton, Mrs. Oscar Mrs. Lavinla McConkle, Jackson, Mrs. Ellis Carter Bynder-gaarMrs. Flora Severn, Mrs. E. B. Harieon, Mrs. Ernest Wright. Aastetfhg Mrs. Musser In reqeiv-In- g will be Mrs. Ernest Holmes "president- - of the Belt Lake slab; Mrs. R. E. L. Collier, Mrs. George H. Darn, Mrs, Frank Penrose, and Mrs. D. M. Draper. It Is particuUrly desired that Blackmer Must Pay $8,498,935 In Back Taxes J. Arthur Mechsm of Fish-Gam- 10 e self-exil- ed J. Arthur Medium, a Democrat from an old Democratic family In Cache valley, will he th Fish and Game commissioner for Utah beginning July 1. Medium's appointment woe announced Mat Monday night by Goveronr Dern, following tho reaignktlon of David H. Madsen, who for tho last seven J. Arthur Mecham, Cache county years has been th commissioner. Madsen resigned to become super- Democrat, who succeeds D. H. Madsen and gam commissionintendent of the Beer River Bird er as fish July 1. sanctuary and to supervise th of wild life In certain parte of the west for the federal government. Mechsm has been chief deputy to the fish and game commissioner for a year. Hie appointment came shortly after Madsen was reap- the government took steps construed as looking toward his Prosecution. Almost simultaneous with the filing of tax liens against Blackmer and the service of write of attachment against his property in Denver and New York City, a - special grand Jury was called here presumably to consider his indictment. Federal authorities filed In lie Denver federal court and in the office of the Denver county clerk liens totaling 52,059.-045.1- 5. Earlier In the day similar liens, filed in the New York federal court and recorder's office amounted to on Train at tta Utah-Peruvl- an No Information On Smith Fund Watson First To Arrive In Kansas City Low-den- "antl-Coolldg- e, - Galveston to Honor Alta Democratic Leaders "anti-anythi- of County Stage Debate of year. Mecham will coma into the office st once and will begin to learn the office end of tho work. Hie year in the field as deputy has equipped him very well for the field end of the work. Bagby Injured In Runawayof National Democratic party representatives will be given a seafood dinner by Galveston citizens at the Island City on one evening during the convention, it wee decided at a meeting of the arrangements committee of the national Democratic convention. Preliminary plane for such an event were discussed by Jesse H. Jones, chairman of the general arrangements committee: John E Peace, mayor of Galveston ane John L. Darrouset, party leader of Galveston. The exact time of the seafood dinner will be determined in connection with the working out of the convention program. Mayor Pearce told th committee that Galveston will be gMd to with Houston In every way posslblo in entertaining convention delegatee and will do whatever Houeton wishes. It M expetced that 1600 to 2000 delegates and others prominent In Democratic affairs will attend the Galveston dinner. Senator Simmons Declares Smith Can Be Beaten Senator Blmtngns of North Car- that i Nil-so- n, presided. olina predicts Governor Smith's defeat at Houston and a call on the governor's opponents to have courage and exercise diligence end vigilance in combatting Tammany Hall. Governor Smith, chief of the Tammany sachems," said Senator Simmons, recently spent ten daye in North Carolina bringing down to aid him in planning his campaign in the state the successor of Tweed, Croaker end Murphy In ths person of Mr. Olvany. ths present head of that powerful and highly financed organisation, and every posslblo effort was mads by his North Carolina supporters to capture ths stats Ths signal failure of these effort makes It certain that the whole south will be te the end practically a unit against the nomination of Governor Hmlth. I do not believe Governor Smith has now safely assured as many as 500 votes, and instead of that number increasing, I think it will continue to diminish from now on. Ths Democratic party never has and. never will, In my Judgment. concur in and submit to ths things which Tammany Hall and Governor Smith, ita outstanding figure, represent and stand for. Viewing the situation na it now stands and tho developments which I think will taka pMce between now and the Houston convention and at that convention, I am profoundly convinced that Governor Smith cannot and will not be nominated. and if perchanco ha should be nominated he cannot he elected. All that la necessary to make victory certain at Houston for the opponents of Governor Smith Is courage on the pert of the leaders service commission. Democratic Campaign Songs Hold Interest; World to Hear Utah. At the request of K. Wright Armstrong, song leader tor the Democratic national convention which will meet at Houston, June 21, the Utah Hlatesmeu. sent a copy of the Utah Mate sung, "Utah We loive Thee," to Mr. Armstrong The song will ho sung at the convention. Incidentally tho only pheo the statesman could find u music waa in a church of the copy song book, which was furntehed the Statesman by th First Presidency of the Mormon church. Songs have played an Important conventions part In the Deinoi-ratlfor three quarter of a century, Hascorn N. Timmons. Washington Houston correspondent of the Chrnniclo tells us. Mr. Timmons made an interesting study of the song end of th conventions. A part of hla work M printed herewith: A careful perusal of the history of all democratic national conventions discloses that ntuaio M mentioned in th otficMI proceeding the first time at th Baltimore convention which nominated Douglas in 1650. Along with tho delegation accompanying the Little Giant" wan the Northwestern Band of Chi- cago, Kong hairs Panic, And 20 minutes after it arrlv-e- d In the hall the coolness of Its what perhaps leader prevented would have been ona of th greatest catastrophes In this country. A section of the ptetform fell, carrying th entire New York and and many of those who opposed his nomina- Pennsylvania delegationleaders down. the national party tion and exerrlae dlligenre snd vig- of had th crashed Baltimoreans ilance In meeting the efforts of gale" and the hall had In It three such a powerful and highly financ- or four times as many people ns ed organization as that behind the It should have had. A panic encandidacy of Governor Smith." sued as ths platform dropped with a great crash. The bend leader Now that Mr. Tunney I training quickly siting up the situation, for another fight, wa suppose they started up a rollicking poputer air e tune rehad to take hie entire set of Slinks-spea- of tho day. The a while, assured ths great crowd and oraway from him WASHINGTON Senator Jones Des Moines Trlbune-Caplto- l. Those who are concerned about der waa restored. coIf a reporter may he allowed to the names borne by members of f Republican I of Washington, conThs Indlvldunl crank Is nut so give th makers of ths convention the alleged human raeo may be In- author of ths Mississippi flood terested to know that Thomas B. trol bill, underwent an operation conspicuous as he was: he has too pinna at Houston a suggestion. It la Cincinnati this: "Give tho grown-u- p Juvenile of Ohio has reached th for abdominal tmub. Ills con- much boys and competition. dition was described as satisfactory. Timea-Bta- r, . age of Hi Nashville Banner. glrte wfro wjll be delegatee to th see I fr . Utah pointed. Mecham waa recommended to the atate by the Democratic organisation of Cache valley for the position of deputy and again endorsed by the Cache valley Democrats for the office of commissioner. This is the first major appointment which ths Cache valley Democrats have had for a number 55.442,456.62. Only a part of the tax, Interest and penalties assessed against the oil man was understood to be for his alleged profits In the Continental Trading company, an adjunct of the celebrated Teapot Dome case. All officMl calM for the Salt County Democratic commit te will appear In the Utah Statesman, it was agreed at the meeting of the county committee held Tuesday night at the Nowkouse hotel. It was further decMred that such announcement would be sufficient notice to tho organisation workers and that publication in Lke tho Statesman ever the signature ef th county chairmen would be as binding upon th worker us would a personal letter from th chairman. The meeting also decided that the legMlative and county convention could be combined this year and all the nominating done in on day. The date for this convention was not set A poll of the committeemen present showed twenty-si- x out of thirty-four at the meeting. A poll of the wards showed that all the wards were in good shape except the second, this ward, which a large Democratic mahas club of Utah joritygiven The Democratic In years peat has been conmembers county, an organisation of young siderably disorganised, folks of that county. Is listed as a of the organization reported. Mrs. awake organisation. Minnie HarrM vice chairman was very wide Judge Oeorge & Balllf, county appointed acting chatrman with Democratic chairmen, says he con- authority to get the organisation siders this club of great value to perfected with all possible haste. The county prednete reported In him and hie work In Utah county. The club was started about two good shape, with Bingham claimmonths ego. ing te be in position to do more One of the recent activities of for tee Democratic party than It had even done before. Magna and conthe club wee to stage a debate reported In flm cerning the evalMbllltjr ef Gover- Garfield were alsoMUvale and Murnor Smith for the presidency. class shape, with There was no decision rendered ray saying that everything was and the audience was left do make looking nicely. The eentiment of the meeting It own verdict. Don B. duff end Glenn Dickson upheld the affirm- was that the works of the organisative side. Harold CendMnd end ing and filling vacancies should Lowell Johnson took the negative. proceed at once. Joseph btrlng-fellochairmen, will call meetings Mr. duff declared Smith should of each ward within and without he nominated because of hie rec- te city and see that every wardord end because thlg record shows chairman had hte district funethat lha New Torker,te.a.tru steal eg perfectly,.. Thaaw ainetina Deincfcrat' and" 'deaeraiato stand will begin in a very few day. with Jefferson, Jackson and WilAH of th workers were confison as a leader. Dickson based his dent and enthusiast Ic. A predomappeal for Smith upon the vote inance of Smith sentiment was notgetting qualities of the governor. ed many of the party who have Candland decMred that Smith beenby making a canvas of their Ashould not b, nominated because cquaintance In the matter of presof hie connection with Tammany idential preference and because of the prohibition question. Johnson dwelt upon Smithe religious affiliations say- KANSAS TO NEED 16.000 WHEAT HARVEST HANDS ing that ths opposition to Smith on account of his' religion was so TOPEKA, Kan. Sixteen thougreat that hs could not be elected sand harvest hands from outside If nominated. the state will be needed to har'Tabby 'and Bun." a pair ef vest promises to be a retard comedians from Spanish Fork, wheatwhet In Kansas Mils year, furnished the audience with some George crop H. Tucker, director of the highly entertaining music. 8. farm labor division of the United editor of the "Y News" States employment service at Kancharmed th audience with hie sas City. Mo., eatlmated In a report gutter and melodies Glenn D. made public by John H. Crawford, Woodmans, president of the dub, labor commissioner of the public Democrats Sulzer Has Ford-Stou- LI Leaders of Party Assert Chances for Victory Were Never Brighter. Lo- gan, New Commissioner of Utah. Colo. Income DENVER, taxes. Interest and penalties 15,491, 515. 7t aggregating were assessed against Henry M. Blackmer, wealthy Denver In oil operator, France, and at the same time d, Has Air SALT OF , Fred L. Bagby, founder and former editor of the Utah Statesman, and now editog of he Western Mineral Survey, suffered a broken ankle Saturday in Jumping from a runaway train on the Tramway. J. P. Clays, manager of the Lead company suffered Injuries which necessitated th removal of his leg.' Edwin HUller of Nampa, Idaho received a broken shoulder. district and ward associate chelr Albert Deapain and T. A. Jacobson, men Invite all Democratic women operators, were uninjured. in their districts, as the committee . The accident happened when wishes to make this a truly Deme Clays. Bagby and HUller had comcratle social. pleted an Inspection of some mining property and were returning. Snow and rain accumulating on the rails caused the narrow-guag- e train to run away. Despain and Jacobson, realising the danger, called for the other three to Jump byt before a safe landing could be made the train had gathered so much momentum that th process of unloading was dangerous to say the least. Just after the five had Jumped to their various degrees of safety the train hit a sharp curve and left the ralla The men declare they WASHINGTON The senate's could never have hoped to escape campaign funds Investigation com- had they stuck with the train. mittee drew another blank when It was told by former Governor William Buber of New Tork that he had no personal knowledge whatever of expenditurea In the present race for the presidential nomination for Governor Smith or any. other candidate. A train conversation with Sulser, repeated to the committee by Olaf R. Miller of Alhany and Involving a total of 115.000 furnished by Smith managers in New Tork to obtain Smith delegates In a "sagebrush" state, was dismissed by SuThe flut presidential candidate tler as having been a hypothetical" exposition on his part as to how to arrive In Kansas City to personsuch things were done and which ally conduct hi campaign for the Miller "completely misunderstood." nomination was Senator Watson of Miller was seeking Information Indiana, who lost no time In setas to how candidates get dele- ting up headquarters In the Presigates," Sulser said. So I told him. dent hotel and in welcoming I know. I was once nominated for friends to ta.k over the situation. Another curly romer was Clarpresident and refused because I ence F. Buck, manager of the didn't want the bather. Lowden campaign, bringing a mesI certainly told Miller It requir's to the effect that Mr. sage ed money to get delegate, which campaign was not an la a sad commentary on our politimovement" and wa In no cal methods" Then we sre to take It that way based on antagonism to any Interest. none of these things which Miller detailed as having been told him the.As If to prove th statementIs that former Illinois governor not by you actually happened?" asked there was displaySenator Barkley of Kentucky. ed the Lawden headquarters a "No, Sulser replied, adding that portrait of President Coolldge he had spoken merely from his large rank with a picture holding tfqual Iwckground of political experience, of Mr Lowden on an opposite servof years Including "eighteen wall. ice In the house of representatives" At Hoover headquarters everyone exuded optimism. The tentative garnering of 11 delegate at the contest hearings of the national committee today gave James W. the Hoover mannger, and Place Good, other boosters of the commerce secretary a great deal of satisfaction. Word was re reived at Airport There was much talk' of ilnrk from La Mar Nelson that ho had horse possibilities, especially In the set sail from Detroit In a new groups opposed to Mr. Hoover t, passenger Friends of Penator Curtis of Kanplane for the Grand vanyon. ac- sas expressed th belief that In the companied by his wife aqd young event of a deadlock between Hoovson. Mr. Nelson has accepted the er and Lowden, the Kansan would position of chief pilot and manager have an excellent chance. of operations of Scenic Airways, One of the uncertainties nr poliInc now enguged In carrying pass- tics was manifested In the talk here engers by plana over the Grand and there of General John J. and Zion canyons. At the head of rerahlng for presldsnt. the company is J. Darker Van Zandt, internationally known avia SENATOR JON KM UNDERGOES lor. , ABDOMINAL OPERATION Mabeys Secretary 3 HIS HEY 11.00 A YEAH re rag-tim- Houston conveAtlon plenty of mu sic. Let Pat O'Keefe of Delius have a Jig time tune and see if he can jig as well as he did when Woodrow Wilson (bless hte mem ory) was nominated at Baltimore In 1512. Give them music for their in numerable parades about the hall, and don't worry about making it too up to date. Somehow they seem to Ilka the mire that were poputer when they were 21. As fur tee ladies, one doesn't discuss ages, but the teds who will be do Ing things around Houston will range from 55 to 70, with a pre ponders nee of them from 45 to 55, Any good bend master can take those figures and cut hte musical garment to fit. Everything ends in songs," said tho witty Beaumarchais, and If he were living today and attended Democratic convention he probably would say It began with songs also. Glancing back through ths cor rldor of th years, one glimpses the wraiths of songs of past Democratic national conventions. Vulgar ahd Governor Dem?s Logic Shatters Republican Arguments, Demands In Corporation Tax Question Democrats Set August 25 as Convention Date Correspondence of Officers Urging Special Sesaion Serve as Basis for Defeat of Same; Executive Has No Trouble in Finding Many Weak Points. The state nominating convention for tho Democratic party will bo held In Logan, August 25, It was decided at a meeting of the state committee Saturday. Delbert M. Draper, state chairman, wee Instructed to proceed with such arrangements as can not ha made by ths people of Logan. Th selection of an associate chairman, a secretary and a treasurer was left until the next meeting which will be held within a short Joshua Greenwood, time. treasurer; Darrell T. Lane, secretary, have both signified their Intentions te withdraw as soon as successors can be lioer serious was, or In, the rriste which arose out of tha Ltali supreme court's decision declaring tha corporation tax law unconstitutional f , In view of tho remark made In tha keynote speoch at th Reconvention at tha Salt Lake theatre publican presidential and in view of th remarks made by Alonxo B-- Irvine, presidentrecently, of tha senate at th same masting and in view of certain propaganda which ia right now being spread by soma Republican leaders in rcfcranc to Governor Dern'a refusal to call a special asaainn of tha legislature, tea Utah Statesman offers the following: between ths governor and two ReI11 state Correspondence officers, IL E, Crockett, secretary of stats, and publican Harvey H. Cluff, attorney general, show th'it th loss to th state will b not to exceed $47,505. Mr. Irvin and Mr. Love placed tha loss at 5466,006. Second Th a loss will b cut to a largo extant by subsequent fees which are coming In at the present time. Third Attorney General Cluff haa gone on record showing that the legislature can poos a law which will b retroactive and which will protect the stats In any money which might otherwise b lost. Fourth The only loss Incurred la that arising from fees paid under protest and th legislature te powerless to do anything to prevent this except lo pass such retroactive legislation as may b named. King Trying To legal. Smoke Kellogg On Water Deal WASHINGTON In tlia mass of matter dumped before the senate Just before It adjourned wee the In report of th secretary of atate, answer to Senator King's resolution asking for full data regarding the appointment and activities of commission tho Amerlcan-Mexlca- n appointed to negotiate relative to the allocation of th waters of the Colorado and Rio Grande rivers. As was to be expected by Senator King, the most Important documents are missing, notwlthstand' Ing that the secretary elates he haa transmitted everything. Ha sent In several exchangee ef letters between this government and Mexico which show that Mexico waa unwilling to negotiate with reference to the Rio Grande unites the United Stales would , negotiate first with respect wtho-Colomdobut the correspondence further dli closes that Mexico has made extensive surveys and atudita of the Colorado, and for that assigned reason was anxious to have negotiations with respect to that river concluded before dealing with ths Rio Grande, and that it was ths United Ktatee, not Mexico, which insisted upon allowing ths one commission to deal with both riv- Fifth The legtetetura will ha able to do in regular session anything which it could do In special session. Sixth No member of the legislature, Mr, Irvin Included, haa offered a hill or a skeleton of a bill which can ba substituted for tha ona declared unconstitutional. In tha vary call for a aelon Irvins admitted he had no bill nor even an outline-special Seven Several loading lawyers of Salt Lak and Utah have admitted that it will ba almost Impossible to draw a bin which will b constitutional and that Ibcra te likely to ba Utlgatlon in tha future regardless of what type of bill is passed. Soma say that there are soma points which must ba defined by tha courts before any bill which does not violate the constitution can ba passed. Eight No raise In personal or farm taxes will b necessary- When tha test case brought out tha decision that thd Utah corporation tax tew waa unconstitutional because it hindered Interstate commerce and thereby was a violation of th national constitution n cry went uu from sundry as ns tors, bouse representatives and stmt elective officers that Governor Darn should call a special session of te legislature to handle th After deliberate emergency." thought and study, during which time tha advlca of many prominent attorneys of both parties wag sought. Governor Darn decided that tiler was no reason for a special --"V. wWtlon. . -- ' IrVJne Argument. Alonxo B. Irvins, president at the senate, wss tha leader in th movement for the special session. In hte letter to Governor Darn asking for the special session ha state ad hla case, and to n eartaln ex- tent, defeated his own purpose. The keystone of Irvine's latter wan furnished by Secretary of Stata Crockett aa follows: In the year ws collect 5195.4(3.47, Of this amount 547,-656 waa pgld under protest. Under the law this amount te placed in a separata fund and te not available for us by the state. Tha bate ' 5145.256.57 (wa didn't net, maka this subtraction) will unto ba refunded and hav doubtedly If suit ia brought th stats will probably ba required to pay Inter- 17 ers. The most significant omission from tho correspondence transmitted by Secretary Kellogg wa a proposal which Mexico made to the etat department through th Mexican embassy at Washington, to-w- lt, setting forth what she wants In the way of additional water and other concessions on th Colorado river. The file sent to the senate discloses that these representations were mad to th elate department but not a word waa given the senate about what Mexico haa asked for or demanded. So aa far am Mexico's demands for more water from the Colorado river are concerned, the senate la left In utter darkness, aav for th statement that such demands have fw. in Texas, until she gets what she demands, or a large part of what she demands, in tha way of more water from the Colorado. Senator King will endeavor to get from the state department fur ther Information about Mexico's claim to more water from the Colorado river, as mad by her ambassador at Washington, but In view of tho omission of this document from the batch sent to th senate he ls not about getting what he ta after. He haa at least demonstrated that ths proposed swapping of Colorado river water for water from the Rio Grande te under way, notwith- patrolmen on highways for the purHso of bringing them together quickly In case of a fire or dlsturb-anc- e. Eight special fire rangers will be slut lulled about tha estate, to Id In regulating traflfc, Down the Brule river sightseers may row past the summer White House." and mayhap eatch a gllmps of the president this aum-mr- r. The river will not ba closed. Colonel Starling, tha president's aide, has decided. ''I think people have enough restanding the testimony of Recla- spect for the president not to make said tho mation Commissioner Mead before themselves obnoxious, the house Irrigation committee, ex- colonel. We have no Intention of to have the river closed. actly as charged by Kepreecntatlvs nsklnK Boats will not hs permitted to go Leathers-ooseveral months ago. around cheap ths fastidious might rail th Island, however. They some of tho sirs. And maybe there mov pass on the main stream side." were sums shabby, faulty song along with tho better ones. Soma of them couldn't bo sung Service appropriately at Houston. For In stance, in 16(4, after Richard B, Newell Hubbard of Texas sa temporary Fire chairmen had sounded the keynote end smote the Republicans hip and Funeral servlee for Ilenry thigh, there wee a demonstration A hoard of county commissioner! Nesrell. prominent mining men. and tho band played an air, one has no power to guspend summarvers of which went: office th ily or remove from Officer of Utah com deputies of s sheriff tut wus dons temple. My wife end I live nil alone In Salt Lak even recently msndery No. 1. Knights Teinplnr. In a little Ing hut w called our though that hoard had to approve directed th seivlcrs and formed own. of tha appointment of thos depu- a guard for the eortege a It proShe loved gin, and L loved rum, ceeded to Mt. Olivet cemetery, I tell you what we'd lots of fun ties. Such waa th gist of ths pre- where Interment waa held. Friends and r'lHlves of Mr. Newvailing opinion handed down hy ths Rennie Victory Kong, That air was Little Brown Jug. stats supreme court Monday In the ell attend tha service and tribute It wss played fnr no reason except casa of Sheriff Clifford W. Fatten waa paid by business associate. rpuk briefly that ths lilt was cstchly. The Dm and six of his deputies against thof Dr. Elmer 1. Go-hupon his Ilf and accomplishments, ocrats felt good when old Dick board of county commissioners The rrevalllnq slating that h had eze .uplifted Lnke county. Hubiiard of Texas spurred them on In that great speech and they felt opinion was written by Justico D. sterling qualities of plllzcnsbip. N. Bfrsup, with Justice Valentin mala quartet tendered savers! ... . - Gideon dissenting, lections. (Continued oa page four.) , over-sangui- d County Board Funeral Had No Right Held for To Officers en ( est up to the time th next legislature meets and makes tha money available. Thl interest will probably amount to 515,606." What Happened to IL us now see how Mr. Crockett's argument waa shot to pieces by Attorney General (lurr. in answer to a direct question by IGovern or Dern, Mr. Cluff said. V.1 ?. .not the stale Is Ie gaily liable for tho payment of any corporate license tax not paid under protest. Section (094, Compiled ol 1517. provides thaS In all esses of tha levy of licenses or other demansd fortaxes, pub He revenue, which is deemed unlawful, the party paying tha rams may pay under protest such tax or license, or any part thereof deemed enlawfui, and may then bring an action against the officer to whom , said tax or Ilcenaa wa paid, and section 5471 provides that such ac mon must ba brought within six months, but I find no provision for bringing an action to recover any such tax license or other demand for public revenue where tea same hns not been paid under protest. However, In a case Ilka tha or with which wa are now confronted where numerous corporations havo paid ths annual license tax for th period from November 15th, 1927, to November 15th. 1925. and har not paid th same under protest, but ths court has declared the law to be unconstitutional It would seem to ba a moral obligation on the par of the stale at least to these parties. That could only he dona by claims being presented to th legislature and tea legislature making appropriation ta cover them. Retroactive Measures. Now regarding the rflnso live bill Governor Dern lias this from Attorney General (tuff under dale of a letter written by Mr. Cluff on Nov. It been made. The report conclusively shows that Mexlro In demanding more water from the Colorado, end enough Is given to show that .Mexico will not dicker with respect to allowing the United States to take Mexican water out of the Rio Grande, to Irrigate more tend In Representative Garner's district 53 10. 1927: Th next session of tha leglsta- - ha retroactive In Its nature to th extent of requiring tha corporations tn pay an axels or annual license tax fnr th years In which they may escape payment of such tax hv reason of a void or defective law. In regard to paying under protest: Heetlon 5471. Compiled Law of Huh. 1917, declares that any person or corporation under pretest ran bring suit within six months' time to recover such taxes aa ora (Continued on pegs (our.) i I |
