The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1878-04-06
ILLEGAL COLLECTIONS.

suit commenced by the District Attorney |
of Lincoln county against ID. Wilkin
On the Both of March the State was to
take Judgment for the amount Of tax, de-
linquenoy, ETC., in case it was not paid
On the 3O.h of March the defendant sp.
neared in Court and was informed the
ease was dismissed, without prejudice
On examining into the matter we find that
the amount of the balance of the taxes
unpaid, on which suit was commenced,
WAS the sum of one dollar and ffty-one
cents, which the defendant informs US
was rendered previous to suit to the
District Attorney, who refused to receive
il unless be paid fee of $3.50 on his
taxes for the year 1875 and 50 so for the
year 1876, with five per cent. on the
amount delinquent for those two years,
The amount delinquent for these two
years was 1851 81. Five per cent. of this
would be 1907, and the addition of S.
would make tho amount 1923 OF. This
additional amount the defendant re-
fused to pay; hence the suit, which was
being. in plain words, that it was an
illegal attempt at the collection of $23 "
to which the District Attorney is not en-
titled, according to good authority, until
suit had BEEN commenced. and therefore
would not stand the test OF trial. THIS
is not the irst time this matter has been
brought before the public. and yet for
years in this county every District At.
torney has made every person who had
delinquent taxes to pay shell out the five
per cent, with the addition of $3.50.
where he collected taxes without suit, or
without the County Commissioners
ordering such suit. This is not the only
complaint we have heard of in such mat
tors; there have been Duudreds of them,
and the tax payers have been literally
bled to the tune Of thousands Of dollars
In the matter and it is time that u stop
was put to such illegal proceedings. 1t is
time enough when the County Comm's-
sioners order such suits, and the suits
are commenced. for the fees and per-
ceutage to be paid. Numbers of tax
payers have time and time again remon-
strated on this point, but to no avail
They were told if it was not paid suit
would be commenced. and rather than
have law suit, fee lawyer and be en-
tailed With other expenses, they have
paid, and continued to pay yearly, in the
same style. For the ediication of all we
refer them to the letter of the law on the
subject, which will be found in the Com
piled Laws, page 1893, section 3l65:
1.-THE District or Prosecuting Attorney
shall be entitled, on each suit for the col
lection of taxes, to fee of five dollars, ia
Court OF Record, and two and half
dollars in Justices Court, with five pei
cent. on the amount delinquent. Said
fee and percentage shall be taxed and
collected as costs, but in no case to b.
charged against the County or State.'
We imagine that the above reads plain
and any legal authority will tell that thu
ent to any individual by the serving Of I
summons or the publication of the same
1t does not follow that because the de
linquent book falls into the District At
torney's hands that suit has been com
menced until the County Commissioners
order the same. 1t is to be hoped tina
hereafter there will never again be Dis
trict Attorney of Lincoln county VIII
will attempt to illegally extort none
from the citizens.
SHOOTING AFFRAY.-A shooting scrap
took placs on Sunday night, about l
O'Clock, in front of Pres. Wand's saloor
in which Johnny Driscoll was shot twic
by pistol in the hands of johnny King
Mining Recorder of Jackrabbit Distric
After the shooting Driscoll was cor
veyed to drug store and the doctor ser
Tor, who examined the wounds, an
found one in the shoulder and the othe
In the neck The ball was extracted fror
the wound in the shoulder. The ball thu
took effect in the neck has not been 81
traoted. it being deemed advisable
leave it remain there for the presen
Driscoll has good chance to recove
from his wounds, he being healthy an
strongly built man. capable OF endurin
considerable. In regard to the shootir
and the cause, we have heard so man
conflicting stories, all of which seem I
be correct until another is told. that "
refrain from publishing any of then
preferring to wait until the examinatio
takes place. when the evidence sworn I
will relate the truth of the matter.
SETTLE.-Adolph Cohn being about
take trip on business matters wants
have some of the "needtul" wherewit
to pay his travelling expenses, and ther
fore desires all those indebted to X
hrm of A Cohn & Bro. to come forwa
and settle up within 80 days. Tho
who the firm owe by presenting the
bills can have them paid
NEW MINING DISTRACT. Reports ha
been brought into town during the We
OF the discovery of q new Mining D
trict near the Muddy, the mines of wifi
are said to be extremity rich in silv
metal. We were unable to learn a
particulars.
The Leeds mine, of Silver R of, pl
duced for the year ending F4brual
1873 bullion IN tho axtent nf %95i.A