Show OPEN FIGHT HT ON CORPORATION TAX TH raga Test Case Filed d in District Court Attacking Validity Valid ity of Law v. J CHALLENGES UNIFORMITY 4 t. t v Attorney General Withholds H All All' Prosecutions Pending Determination Det of Action I P Taking tho position that tho corporation corpora corpora- ton tion the franchise franchise fran iran license law is III n tn tax on chise of ot corporations Instead of ot n a license L the corporations of ot tho the state have brought t suit against against Secretary r of ot State attacking the constitutionality of or th the law Jaw passed b by the th last Ic legislature Tho The suit was brought yesterday b by the tho Black BlackRock Rock flock Copper Mining and Milling Milliner company I j and and Snyder and Snyder the tho papers being flied fIled i 1 In to the Third District court 1 Secretary Is 18 ox x collector r of ot licenses n s for th the tho state st. Tho The pl plaintiff plaint n company paid 15 under protest to the secretary of ot state on Us its capital 1 stock of oO Tho The company asks a n return of this money Back of ot the Black Rock nock company arc nrc arca a number of or large corporations of th the state which have contributed to n ft fun fund to bring a test case caco and knock out th the corporation license c I law la laon on nn points Xo Now that the stilt lilt Is 1 lied died nil all o otho ot of tho the corporations which have ha not yet p paid l f 1 will probably withhold payment pan nt until t th th h hr f r. r ti determination of or th the prevent present action I j Suit Snit Waa n t fd i Th The suit had tong long been Republican c expected It some sometime was oc announced In The Thc Re Republican 4 time ago no go th that t the corporations were makIng mak mak- making ing s. s right light against t tho the payment ament of ot th the license e provided pro In a la law w pa passed s sed ct b by th the thelast thelast last legislature Th There re are approximately 6 6 H corporations corporations corpora corpora- In n the state and notices were cro sent fo I from the tho office of oC secretary of or state stat to ir fa each h 1 one of or these thello companies Because ft C a n. great many could coul not bs be reach reached cd b bj by r 1 p addressing letters In tho the name of ot the Z r companies nearly third one-third pf the entire amount were returned but have been sent Rent I to officer of the company company- that t have ha flIed led n articles of or incorporation The The- state exp expected a t. t revenue of or i gal roo a a n year from the corporation cor tax but not notI over o has hns been ben paid and much of ot ott I k I t this lia has been Men paid under protest If the the ther I law Inn Is d declared unconstitutional J. J money will have to bt bl returned d by hy the 1 r I. I state t tl IJ Are Arr S topped Stopped 1 i b Because tho the corporations corporation did not come v through h with the thc money that was levied led b by the state Governor Cutler some time ago announced that h he would withhold least Jl OW 1 the a appropriations for or at 0 worth north of or new ncr buildings and building construction con at nt the tho various state Institutions Tho The state had rl c expected to lO spend this amount before the end of ot 1 lS but the scarcity of or money mone created by the re refusal re- re I 1 of or the corporations to pay caused d 1 the postponement of ot building The case will be given an early hearing In the courts court and will probably be he taken I up tip to tn the court b by consent of or th the litigants for tor a n. decision lon Should th the law lav he declared Invalid In Governor Cutler promises es to use URO his Influence with the next legislature to secure the passage of ofa ofa a n law Jaw that will conform with Ith the laws of or other states where the corporation tl tax Is s far more severe than In Ln Utah One Ona of the points point upon which the law late lawIs lateis i Is attacked Clel is that the thc graduation of fees Coes d. d uniform i L Breeden nr eln Agreement atto Attorney T eY cn tal has made o a ar nn agreement with the tha corporations th that thai ll while hUc the thC action is pending in the e courts h ho he will not ot proceed R against aln t tho the concerns that have have- Toot not paid their tax tar S Secretary of State TInge sa says s 's that notwithstanding not withstanding this agreement ment he will ill get Jet out the delinquent notices at the first of 1 ti t the year nr and turn them over o to the thc it- it torn torney general z for proper prosecution under under un un- Jj der the law r rl tr J J. J II II 11 n Defines Attempt H to rc 1 i- i J Him 1111 to rc Testify Before Referee f Alleging that an attempt to make him testify he before fore l Referee Dana T. T 1 Smith i was wn merely a n tithing n c expedition on they tho part of or William 1 M. M to get set him to tell things about the Salt Pittsburg-Salt b Lake LaVo Oil company J. J H Ih filed file J an nn affidavit lt in n the Third District court P yesterday n He objects to the t effort being heln being 1 made by to have him punt punished h d dT T for contempt of ot court for not testifying o The Tha hearing of or the suit I the tho oil oil company i. i was held heM before t 1 Referee ro Smith and ds one of or the tho witnesses refused to 10 t eUh W lend had sued to effect the th transfer of some omo v stock which l f had purchased t Richards f fr- fr says lays in his it that thai the attempt to 11 ti make him testify was not In coo good faith 1 j- j nor por was w.-ui M it U. for lor a proper nod and If legitimate purpose It was he lie says a 1 flaking fishing ex- ex ti SI pr on on tho the part of or the plaintiff to for i the purpose purpose- Of if us ascertaining facts cont con- con t t the business of the Salt Lake I-ake Oil company to which ho was wai not and Is 13 not entitled Richards further i if l. l f tI says saja 8 that h bb revised refused lo to testify on advice 1 t i of ot counsel ln i Wh when n the tho witness refused to t testify t. t h before roro th the referee e the tho other othor da day the h hearing hear hear- rt r- r t 1 tn ing camo to on nn abrupt close and an nn attempt at nt- s. 1 t tempt has hns been made to compel l witnesses t reg 1 to l tell tell n what th thy they Iro know c 0 F CAI cs HACK n riles Co Countr m cr Claim f for tor r Payment of ot OO if OO 00 lon Jos Joseph ph C. C Cain Caln T filed a counter claim r-ct r lm I F In the tho Third District court CO yesterday fo to for VM M against Peter PetrI A. A Droubay D Droubay l filed a n. wilt ludt some ornO days n a o to recover from line Calno Senn cM M which he said cd he pal paid him by b- mistake Caine was to tn e a a commission for tor the sale of ot tr mining t property nod and Drouha claims that h hwa he wa was paid W W too much Droubay agreed with Calno Caine that t If Ie th thc talc latter would sell IU land In Tooele county count t ho would receive 10 per cent commission The Th lan land was sold for or 3 and Caine Cain claimed tWO 9 as his 10 p per r cent commis- commis t. t Mon Slon Droubay claims to have o paid p him In tn stead of ot iSOO AO and asks a a. return r of or i the thc difference In his counter s Caino Caine S says S 'S the thc orl original agreement was waa for orl 20 21 per Nr c cent nt commission anti and that her he I 1 r r 1 ml milled lc l Into sl signing a A. contract for 10 11 per cent lie also aho f says pays s 's that he was T to set get pro J for tor extra tTa services and he be now demands demand that amount Cut rut r F Andrew Andrev Smith j Jr filed Hied a n petition In the V. V Third Third District court yesterday c for the reduction of ot th the amount h he lie has hns b M been n paylag pay pay- Ic lag each C month toward t tt the support of ot hl his minor tor child Andrew C. C Smith who isnow Is ts I f t now now no IS H years years 01 old 1 Smith has q been paying f f his son eon Nl a n. month since his bis wife 1 Mary I n. n G. G Smith secured d a n divorce October October 31 21 1 1 Smith sets out ont In his P petition t that hl his hiM son Is 18 now going to night school r and Jn Is earning g a n. week HI He H wants the ther r m payments cut to lo 5 r r. r rc of 1 IlL MRS Max Brown executor of or the estate of hl his Ilia father the late tatA Arthur Arthu Brown rn for for- j Mpg r United States Slates senator ir from m Utah J has hns brought suit In tho the Third District District court against Ida Fitzgerald and anti Michael cl t la R R. Fitzgerald e ald to foreclose a mortgage e hold toM by b- Brown n on part rt of or lot Jot 1 block s r plat lat A A. A Palt alt I lake ke City tt survey oy It la 19 s al- al l lL ed that th the owned former L' L Senator Drown Brown p and gave gate the nv mort- mort rl- rl p p ba gage gago 1 as 1 security I. I 7 Dl District Court X c f n noa- noa non support Annie nnie filed suit for tor divorce yesterday from J rt t O n asking for custody of ot the tho three children Ji t permanent alimony nUr nil ali mony and IzO no A ft l month for maintenance r They were m married at S Sail Lak kt March 7 i. uc Ir r g iI go v W p ha hM brought Williams hl suit gait lIt t to t q let title tithe against Ernest Williams and 1 I Helena K N. Williams I f to a n a p piece ct of or prop prop- P- P orty In Woodlawn addition ut j I jA A decree has been entered In favor faor of or orthe the plaintiff In the case of or George Ob lt to n against aln t Elizabeth Elizab Smith Th The Is I If f X O o Armstrong yesterday tP granted a n divorce to Sylvia la S. S Lowe on the ground that her husband Harry S S. Lowe had hadnot trot not supported her since Rince January 1 WH 1101 They were vere married In July Juh 1 1001 1901 1 James Jame Blowers els has sued tJ W V. E B. White and oth others rs to collect 4 41 alleged eo to be he due him for wages when he wan working for Cor them as a n miner l |