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WEEHLY
JbURNAL-
MlNER
PIONEER PAPER OF AMZ0MA.
MESC0TT, ARIZONA, WEDNESDAY MOWflRG, SEPTEMBER 4, 1912.
FORTY-NINTH YEAR.
TAX CASE
IS ARGUED
Contention Between County and State
Equalization Boards Threshed Out
Before Judge Smith.
Hinging entirely upon the ques
tion as io whether the county board
of equalization is o body absolutely
of limited jurisdiction and that it
, exhausted its powers when fixing
the assessment of the United Verde
Copper Company at its July meet
mg, is the point of law involved
in the case of the State Tax Com
mission against the Yavapai Super
visors which was heard yesterday
before Supervisor Judge Smith.
It will be recalled that the super
visor made a second reduction in
the United Verde assessment at
its meeting on the 'Miird Monday of
.August. The state -.authorities or
dered the board to restore to the
1 ? . If
uupiicaic assessment row wic valua
tion made at the July meeting, and
In response the board decided to
stand pat, particularly because the
statute expressly provides that at
their August meeting 'they shall
have the same powers" as they pos
sessed at the July meeting. Now
Attorney General Dullard contends!
that the statute docs not mean
what It says, xand he therefore sued
out an alternative writ 6f mandate
'io compel the supervisors to re
store the valuation to the rolls as
was originally certified to the state,
"board of equalization by the clerk
of the county board, and, which wa's
used by the state board as a basis,
in conjunction with the assessment
Toll of the other counties in deter
mining anJu fixing thc.jtate rate pf
taxation.,
The case came up yesterday upon
a motion to quash the writ and set
aside the mandamus. Assistant
County Attorney Morgan, repres
enting the Yavapai Supervisors, ar
gued that mandamus was not the
proper proccding, and that the at
torney general should have sued
cut of a writ of certiorari which
would have reviewed the proceedings
of the board. Plaintiffs, he contcml
d, had no right to compel the board
to perform the act demanded. He
dealth at length with this question
tind then attacked the powers of the
state board of equalization which
lie said were limited. In support
of this, he cited a Colorado decis
ion in which it was held that the
state board cannot encroach upon
the powers of the County Board
in an attempt to equalize the valua
tions of property within the county.
As the Arizona statute is identical
with that ot Colorado, he pointed
out that the decision in question
.was important as affecting, the case
Rivers is
Game ForMandot
New Orleans Lad Demonstrates Superior
Class at Every Angle of the Game.
Flynn Bests Miller.
LOS ANGELES, Sept. 3. Out-
generated and outfought in nearly
every round by Joe Mandot of New
Orleans, Joe Rivers the Los Ange
les lightweight lost a decision to
the visitor at the end of their
twenty round bout in the Vernon
arena Labor Day. The Mexican
claimant to the highest honors in
the lightweight class was a mere
novice in the hands of the clever
southerner; although he outweigh
ed Mandot by two pounds on enter
ing the ring, Rivers 133 and Mandot
131.
Rivers made a much poorer show
ing than he did against Ad. Wolgast
on July 4. He appeared slow and
and only showed advantage in the
5n-fghting. In. the closing rounds,
Mandot even outfought him in the
'Clinches.
Mandot solved Rivers' defense
at bar, and added that the supreme
courts of Kansas, Nebraska and
Montana held the same view.
Attorney General Dullard then
had an inning. He declared that
the action of the board at its Aug
ust meeting was an absolute nullity
by reason of the fact that the
board had totally exhausted its Jur
isdiction in assessing this class o?
property at the July session. Sec
ondly, if the board did possess the
power to revise its own action, it
could only affect the county tax
rate and not the State tax oftcr it
had furnished an abstract of the ass
essment roll to the state board of
cquilization. In regard to the ques
tion as to mandamus being the
proper procedure in this case, he
made the distinction that the board
of" equalization is a judicial body
while the members thereof as a board
of supcrvsors constitute a ministerial
body. Mandamus was therefore the
proper proceeding against a body
with ministerial functions. Recur
ring to the August meeting he
maintained that the board'saction
intcrfcrrcd with the constitutional
right of the state hoard of eqtiali
zation because it disturbs the pow
er of that body to equalize the
taxes of the various counties. The
only power of the County board
is to fevisc the valuations':, .the
assessor, and he maintained 'ffMtk
did nqt possess the power to re
view its own decision, after it had
been rendered, not ' .even- te rescind
or Vacate such order's, its powers .be
ing restricted as those of a court.
In support of this, he cited a New
York dccisioif which apparently sus
tained his position, and also quot
ed a Nevada case in which the is
sues were analagotts. Upon the
theory that the board had exhaust
ed its jurisdiction at the July meet
ing, Mr. Dullard argued that the
action at the August meeting was
void. He further argued that if
such were not the case every board
of supervisors in the state could
reduce its valuations at its August
meeting and thus dcBtroy the powers
of the state board of equalization.
In reply County Attorney O'Sul-
livau went into the question as to
ttic sufficiency of the mandamus pro
cccding. It is a rule of law he
pointed out, that mandamus will not
lie when there is another remedy
This was not an order to compel
the supervisors to perform a ccr
tain duty imposed upon it by law,
(Contlnned on Page Five)
Easy
early in the bout, landing straight
lefts to his face almost continuous
ly without return.
In the eighth he began rocking
Rivers' head with right and left
swings and in nearly each one of the
succeeding rounds Jic followed this
style. Mandot showed remarkable
cleverness in blocking and counter
ing The boys passed much time
in clinches and Referee Eyton was
frequently compelled to pry them
apart.
Flynn Wins
SAN FRANCISCO, Sept. 3. 'Pu
eblo Jim" FJynn won from Char
lie Miller the latest white hope
here Labor Day when Miller refused
to come up for the sixteenth, round
For the first eleven rounds th
fighting was Jlbojft even, but Flynn
kept handing but heavy and severe
punishment. Miller's weight was
218 and Flynn's 182.
FLAMES SWEEP BEACH
RESORTS CAUSING LOSS
OF OVER TWO MILLIONS
Almost Entire Concession District On
Ocean Beach Between Ocean Park
And Venice Wiped Out.
Los Angeles Responds to Frantic Ap
peals for Aid and Helps Check The
Mammoth Conflagration.
By Aaaoclated Preii. v
LOS ANGELES, Sept. 3. Fire
to-night wiped out the business, and
most of the concessions In the mil
lionaire district of Ocean Park,
causing a loss of probably over
two million dollars and one life.
W. K. Locke, cas)iicr of the Casino
and six others were caught at the
end of Frazier Pier and forced to
jump., into the ocean. All were able
to swim to shore except -Locke.
The fire started in the Casino
from a pan of grease boiling over
and spread north to the Dragon
George. Then the wind changed
and carried the names south. The
Auditorium, millfoTHloWfr" Fraw
pier, Decatur Hotel, and all build
ings between were destroyed. An
area of five blocks was burned over.
The bath house checked the pro
gress of the (lames and gave the
firemen an opportunity to control
them.
Two thousand tourists in apart
ment houses destroyed were rend
ered homeless. Fourteen babies in
the incubator house were taken out
of their mctalic cases safely. A
captive balloon at the end of Fra
zcr Pier was released by the
flames and swept inland dragging a
thousand feet of steel cable. Near
Pomona, 35 miles from the beach, the
cable entangled with a trolley wire
of the Pacific Electric, tore the
wire down and delayed traffic for
lours. The balloon kept on its
wild flight and disappeared.
Because of the high rate of in
surance it is believed not more than
ASSAULTED AND
ROBBED OF A
Farmer White Has Excit
ing Experience Early
Sunday Morning
Sunday morning about 2:30 o'
clock a farmer named White of
Chino valley reported that he was
assaluted by two masked highway
men, and after being knocked down
was relieved of about $12 in cash
and other valuables on his person.
The affair took place in front of the
O. K. Livery stable In West Prcs
cott, and when he was attacked
no warning was given.
From some blunt instrument a
severe wound was made in the back
of his head, which rendered him un
conscious for several minutes. Af
ter his recovery the city officers
were summoned, hut the robbers
had made their escape, and as yet
no trace of them has been found.
Mr. White was unable to give a
definite description of the men, and
he returned home yesterday.
mm
ten per cent of the losses arc cov
ered. LOS ANGELES, Sept, 3. The
entire beach resorts from Ocean-
Park to Venice arc threatened with
destruction. A fire starting in the
Casino Cafe at Ocean Par, destroy
ed Frazcr Pier, the Auditorium and
the Decatur Hotel. The bath house
is burning and the flames are sweep
ing toward Venice along the ocean
front. Los Angeles has sent aid.
Residents arc fleeing with their be
longings.
Later the wind veered and it is
believed the fire will not reach be
yond Navy Street as dynamite is
being used to check the progress of
the flames. Nearly .the entire con
cession district on the ocean front
is wiped out. The loss thus far is
estimated at two million dollars.
The buildings include the Pier,
Casino, Auditorium, Decatur Hotel,
hath house, Frazcr Block and many
stores an area extending south from
the Dragon George which also was
destroyed. The houses half way to
ward the trolley way arc burned.
Five fire companies and a detail of
Los Angeles Police arc aiding
About eight blocks have been de
vastated. II. F. Locke, an employe
at the Casino, was caught by the
flames and jumped into the ocean
and swam out, others in bathing
escaped by means of rafts. Orders
were issued for every member of
the Seventh Regiment to go to the
scene and act as guards.
E. V. Leach, chef of the Casino,
is believed to have lost his life.
He jumped into the ocean, called
for help and sank.
GREET ASHURST
AT
T
Senator Given Welcome
Upon Return From
The Capital
Senator and Mrs. Henry F. Ash
urst returned yesterday, ' the formei
direct from Washington, and the tat
tcr joining him at Flagstaff, their ar
rival in the city being attended with
a big demonstration at the depot,
which was participated in without
any partisan feeling whatever.
The Senator was welcomed homl
with patriotic music by the Prcscott
Brass Band, and after a few minutes
of greeting was conducted to the
Plaza where he delivered a short
address.
He stated that he wilt remain in
Arizona until the December session
of Congress convenes, and in the
meantime will remain in Prcicott
for the next thr.ee weeks, if not
longer, to secure rest from a six
months performance of official du
ties..
WITH
BAND
m
VOTE SPLIT
IN VERMONT
No Candidate Has Majority and Legis
lature Will Elect Republ lean Re
suits in Other States.
By AMeUtud rrsee.
WHITE, RIVER JUNCTION.
(Vt.) Sept. 3.IarIy returns in the
state election show Fletcher, Re
publican leading Howe, Democrat,
nearly two to one with Mctzcr, Pro
gressive, a thousand behind. The in
dications are no choice by the peo
ple and the legislature will choose
a Republican. 'In Vermont candi
dates must receive a majority to
be elected.
Legislature Will Elect
WHITE RIVER JUNCTION,
Sept. 3. With about two thirds of
the State complete it is evident that
Fletcher, Republican, has fallen be
tween five and six thousand below
the majority necessary to elect. The
otc thus far is: Fletcher 17,369;
Iowc, Democrat, 12,722; Mctzgcr,
Progressive, 10,760. The House
will name Fletcher as it is over
whelmingly Republican.
Vote Against Suffrage
COLUMBUS, O., Sept. 3. The
first hundred precincts in Cleveland
how a vote against woman suffrage
of about two to one. The initia
tive and referendum arc approved by
a vote of scveuto one and the li
quor license law almost by the same
otc.
Progressives Lead '
LOS ANGELES Sep. 3.Earlyrc-
turns indicated the nomination of
Stephens and Bell in tffc Tenth and
Ninth Congressional districts over
the Taft candidates.
OAKLAND, Sept: 3. Partial re
turns show Knowlond, Taft Repub
lican, incumbent, leading Stetson,
Progressive, tto to one.
Roosevelt Attacks Wilson
ST. LOUIS, Sept. 3. Woodrow
Wilson's stand on the tariff and
trusts and his proposal of a mini
mum wage were assailed by Roose
velt in a speech here. The colonel
took as his text Wilson's speech
at Buffalo yesterday. He deliver
ed an address before the Progres
sive State convention. He saw no
thing of Governor Hadlcy who re
mained at the state capital. He ad
vised the naming of a full state
ticket.
Light Vote
SAN FRANCISCO, Sept. 3.
Early returns from to-day's primary
show a light vote in the state
While many of the Congressional
candidates arc certain of nomination
icMi'ns of the legislative ticket gave
little forecast of the result. J. B.
Knowland, Republican, incumbent
was nominated in the Sixth; John
Taft Talks To
Postal Clerks
Tellf Them They Need Not Labor
er Fear of Disci, arge as Long
As He is in Power.
Dy AHOcUUd Pre.
BOSTON, Sept. 3. Taft contrast
ed conditions that confronted a pres
ident in the days of the spoils sys
tem of appointment, and under civil
service and attacked the Democratic
house for attempting to limit the
tenure of government employes. He
declared that as long as he was in
power no government clerk need
fear discharge Unless the United
States established a system of pen
sions to provide him against old
age in a speech here to-night. He
spoke in Pancull Hall to the Postal
Clerks Convention.
The President motored from Bev
erly today en route to Washington
where the Open Congress of Ap.
plied Chemistry meets to-morrow.
He will then return to New York
I. Nolan, Progressive has a sub
stantial lead in the fifth; J. C. Need
ham, Republican seems sure of vic
tory in the Seventh; W. F. Steph
ens is nominated in the Tenth;
Clarke, Progressive, is far ahead
in the Eighth over Hayes.
Progressives Claim South
LOS ANGELES, Sept. 3. BelL
Progressive is leading in the Ninth
District and former Congressman
McLachlan in second. Randall, the.
Progressive is a poor third. In the
eleventh indications point to the
nomination of S. C. Evans, Progres
sive, over Kirkby. The Progress
ives claim they have nominated all
their candidates in the Senatorial
and Assembly, districts of Los An
geles County except in the Seven
teenth Assembly, which is in doubt
Stephens' Easy Victory
LOS ANGELES, Sept. 3. W. D.
Stephens, Progressive was nominat
ed for Congress in the Tenth Dis
trict. Stephens majority over Halla-
bird will exceed 5,000.
California Situation
LOS ANGELES, Sept. 3. In the
Eleventh District 247 precincts out
of 434 give Evans, Progressive, 7,
370; Kirkby, Republican 6,123.
Senate Nomination!
FirstWilliam Kchoe, Progressive
Thirteenth E. J. Strowbridge,
Republican.
Fifteenth A. H. Breed, Progres
sive.
Nineteenth E. I. Wolf, Repub
lican. '
Twenty-first F. C. Gcrdas, Pro-
gressive.
Twenty-third T. F. Finn, Pro
gressive.
Assembly Nominations
Third C. W. White, Republican.
Seventh, G. O. Miller, Progres
sive.
Eighteenth T. D. Johnson, Twen
ty-first, W. A. McDonald; Twen
ty-second, W. P. Kennedy; Twenty-third,
W. J. Ryan, Twenty-fourth '
W. M. Collins; Twenty fifth, C.
M. Metich, all Progressive.
Twenty Sixth, W. Bush, Repub
lican.
Twenty soventh, J. E. White, .v
Progressive.
Twenty-eighth W. S. Scott, Pro
gressive. Twenty-ninth, C. A. Wentworth,,
Republican. "v
Thirtieth, E. J. Nolan, Progress- . .
ivc.
Thirty-first M. L, Schmidt, Rep
ublican. '
(Continued on Page Ftva)
board the yacht Mayflower and cruise
along the coast to his summer home
The foot which he injured yester
day is still sore, and he will not
play golf for several days,
VISITING OLD HOME.
Paul Burks, of the legal depart
ment of the Santa Fc system was
an arrival in the city Sunday morn
ing from Los Angclc, and will
remain for a few days on profes
sional business and to mingle with
hix many friends at his former home
COPPER.
NEW YORK, Sept. J-Lake
17 M 17.
Electrolytic $17.63 to $1775
Castings $17.00 to $17.25.
IILVER.
NEW YORK Sept. 3
62. Mexican dollars 49.
-Silver
i
3
