The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1877-12-29
The Tow nTaxes.

Judge McRoberts was engaged yesterday III
hearing arguments upon motion in Dehaii Of
about forty OF the leading taxpayers OF ottawa
for an Injunction to restrain the collection OF the
town tax. Ii. r. Gilbert appeared for the taX-
PAYERS and Henry Mayo for the collector. The
admitted facts in the case arc about as follows;
On the 2Sth of August last the board of town au-
ditors of the town Of Ottawa, consisting Of Su-
pcryisor Lynch, Justices of the Peace Lockwood
and Fisher and Town Clerk Armstrong convened
and voted to levy Il tax of eight thousand dollars
for contingent expenses Of the town for the en-
suing year. This amount was certified To the
county clerk upon the same day and the tax was
by him extended upon the tax book. At the
time of the meeting of the board there were no
claims against the town which had been audited
and allowed by the board OF auditors remaining
unpaid On the part of the taxpayers it is con
tended that the board of town auditors have no
power or authority to vote or lcvya tax, but that
the only power conferred upon them by the
statute was to examine and audit claims against
the town for expenses of the town necessarily in
CURED and attach their certificate TO them, ana
thcrcupon the town clerk can certify tile aSgrc-
cate Of such claims allowed to the county
clerk for the purpose Of raising money by TAN
ation to pay them; that when they have ccrtlhed
The allowance of claims their duty ends and that
no power is given them under the statute either
expressly or implicitly to vote or levy taxes to
meet future expenditures of the town or to pay
claims which may hereafter be audited and al
lowed against the town.
On the other side it is contended that the Board
# Town Auditors have power under the statute
to vote or levy taxes ad Hbitum and that they are
the tribunal established by law to determine the
amount Of money the town needs to meet current
expenditures. .. #a
1t was substantially admitted that most of the
light thousand dollars was for the payment OF
attorneys fees in the Railroad bond cases and it
was insisted that the Supervisor had the right
under the statute to employ attorneys TO defend
those suits and bind the town to pay them their
fee without needing amy authority from the town
meeting. When it is considered that the town
meeting in lS1;? authorized the supervisor to en-
ploy attorneys III those cases only upon the con-
dition that they should receive no compensation
unless successful in defeating the bonds 1t seems
somewhat curious that the attempt should now
bc made to compel the town to pay attorneys
fees whether they defeat the payment of the
bonds or not. 1.-THE $1,000 were allowed to be col
lcctcd no doubt part Of it would be used in paying
Washington attorneys engaged 10 assist in arSu-
ing the South Ottawa and Kendall county bond
cases If such be the case and the supervisor
has the right to disregard the orders of the town
meeting and bind the town by contracts which
the town meeting has neither authorized nor APP
proved, it ought TO be so understood and made
known to the people,
Upon the conclusion OF the arguments the
Court took the question under adviscment until
This morning, when he will render his decision.