Show HARD FA T ON 0 N QUEER TAX LAW more nore than 20 of the mining companies of utah secured a restraining order in the united states district court last saturday to keep the state treasurer from selling their properties on account of non payment of the net proc proceeds eods tax the case will be heard by judge tillman D john son of the federal district court a judge of the circuit court and a judge of the state supreme court the hearing will probably be in st louis or st paul among the coin panics parties holding property in C irbon county who joined in the action are the pleasant valley coal company the utah fuel company the standard coal company the scofield coil cod company the cameron coal corn com piny the carbon fuel company allowed its property to be sold by the state in order to make a feet test tise LUC in court from a different anvie than the one taken by othel othet corn cam in all about properties were sold but many any decided en cri the 1 list day to p ty the ux tax and pe laities and not go ioto into court A sufficient bond was filed to cover the taX sand s and costs should the mining compa companies lose jos tha the suit in the complaint the constitution aliby of the law ia is questioned as a violation of the constitution of the united states the fourteenth allend ment to the federal constitution ani an the state constitution the four amendment prohibits theaon the confiscation fisc fis cation tion of rif property 0 without due i profess of law it is maintained that tho the tax and the tax on neb net earnings constitutes double taxation because it taxes the proceeds at a greater rate than is impost on other taxable property in the state in violation of actions 3 ind 4 of article 13 of the state constitution ution L is further maintained that the law subjects the mines to a tax for a definite purpose in a excess continued d on oil page 8 HARD EIGHT FIGHT ON Conti from page I 1 of that which is imposed upon ether taxable property and deprives the owner of their property without due process of law and that ai al tion of the state treasurer if w er bitted to sell the properties hs ta he has advertised will place the title to the in doubt another ancle angle vua was talen in the case when the states fuel company hied filed suit yesterday against otate tate treasurer larsen for thu the re turn of 22 and cost of r suit alt ohis is he e amount of tax which the company paid under protest other suits by companies nich paid under protest are anil anti ci since bince the first of this article was put into typo it has been decided to hear tha the cases in salt lake just after new years judge walter II 11 sanborn of the eighth circuit court will be he one of the judges with judge tillman 11 EL johnson and it is ex pecked that federal judee judge will eit fit instead of a judge of the state supreme court |