Hampson v. Dysart
Hampson v. Dysart
Opinion of the Court
The appellant, J. H. Hampson, being a non-resident of the territory of Arizona, but having property and possessions in Graham County, Arizona, consisting principally of live-stock and grazing lands, obtained a writ of injunction against the appellee, Prank Dysart, as treasurer and ex officio tax-collector of Graham County, restraining bim from selling the personal property of appellant in Graham County in satisfaction of taxes in excess of that which was levied upon the basis of assessment made by the county assessor, after tendering to the tax-collector the sum of
Raised on farming tools, $40 to $100.......$ 60
Raised on two wagons, $30 to $80........... 50
Added 8,000 head of stock cattle........... 54,000
Added 75 head cow ponies................ 2,250
Added 50 head stock mares............... 500
Added on land.................'......... 1,175
Raised on improvements, $450 to $890...... 440
Raised on 6 W. mules, $120 to $240........ 120
The assessor had assessed appellant’s stock cattle to the number of seven thousand head at the value of $46,250; he had assessed the valuation on two wagons at thirty dollars, and had assessed the number of cow ponies at seventy-five; had assessed the value of improvements on the land at four hundred and fifty dollars. Before the raise in valuation was made or property had been added a notice was mailed to E. A. Cutter, the resident agent of J. H. Hampson, who appeared before the board of equalization and objected to the raise either in the amount of stock or the value of the property assessed by the assessor, which notice is as follows, to wit:—■
“ Office of Board of Equalization of the County of Graham. Solomonville, A. T., July 12th, 1895. J. H. Hampson: You are hereby notified that the board of equalization, upon due and sufficient information, have raised the assessed valuation of your property for the year 1895, in the following particulars, to wit:
On farm tools, $40 to $100...............$ 60
On 2 wagons, $30 to $80................... 50
On 7,000 to 8,000 head of stock cattle...... 54,000
On 75 to 150 C. ponies................... 2,250
Added 50 stock mares ................... 500
On improvements, $450 to $890 ........... 440
On 6 W. mules, $120 to $240............. 120
“By order of the Board. Manual Leon, Clerk of the Board of Equalization. L. H. Smith.
“(Please bring this notice. Devuelva esta noticia consigno.) ”
Paragraph 2654 of the Revised Statutes of Arizona provides : ‘ ‘ The board of equalization shall have power to determine whether the assessed value of any property is too small or too great, and may change and correct any valuation, either by adding thereto or deducting therefrom, if the sum fixed in the assessment-roll be too small or too great; whether said sum was fixed by the owner or the assessor; and if the board of equalization shall find it necessary to add to the assessed valuation of any property on the assessment-roll, they shall direct their clerk to give notice to the persons interested, by letter deposited in the post-office or express, or otherwise, naming the day when they shall act in that case, and allowing a reasonable time to appear. And the said board of equalization, on the hearing, are hereby empowered to issue compulsory process and require the attendance of any person or persons whom they may suspect to have a knowledge of the value or amount of such taxable property and examine such person or persons under oath in relation thereto. . . . During the session of the board of equalization the assessor shall be present, and also any deputy whose testimony may be required by the parties appealing to the board, and they shall have the right to make any statement touching such assessment, and produce evidence relating to questions before the board, and the board of equalization shall make use of all the information that they can gain otherwise, in equalizing the assessment-roll of the county, and may require the assessor to enter upon such assessment-roll any other property which has not been assessed; and the assessment and equalization so made shall have the same force and effect as if made by the assessor before the delivery of the assessment-roll by him to the clerk of the board of equalization.”
The evidence shows that E. A. Cutter, as agent of appellant,
Under the reading of paragraph 2654, above cited, it is plain that one of the powers of the board is to add to or deduct from the assessment-roll the valuation of property. In doing so, however, they must proceed in a formal way and give notice to the persons interested, naming a day when they will act in the matter, and allow a reasonable time to appear. Whether the time as allowed in this instance was reasonable or not is not a subject of investigation in this case, for the agent of appellant who had the property in charge did appear. Such power of the board under similar statutes has been upheld by numerous decisions. Challiss v. Rigg, 49 Kan. 119, 30 Pac. 190; Fields v. Russell, 38 Kan. 720, 17 Pac. 476; Pomeroy Coal Co. v. Emlen, 44 Kan. 117, 24 Pac. 340.
It is further urged by appellant that the board of equalization added the seven thousand head of stock cattle, seventy-five cow ponies, and fifty stock mares without having taken any evidence on the question of the number of stock owned by appellant; and that they added the same of their own volition, and as of their own act, without pursuing the statutory method of requiring the assessor to add the same to the assessment-roll.. The record in the case does not bear out the assertion of appellant in that particular. There is contained in the transcript a copy of the assessment-roll, in which appears the added property in red figures; and because the record fails to show the method by which the red figures were added, and how the additional number of head of stock was added, the appellant insists that it must be inferred that the board of equalization did that of their own volition, with
Sloan, J., Davis, J., and Doan, J., concur.
Reference
- Full Case Name
- J. H. HAMPSON, and v. FRANK DYSART, Treasurer and ex officio Tax Collector of Graham County, and
- Status
- Published