The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1878-06-13
PROCEEDINGS OF THE co UNITY
D4RD OF SUPER IISOR.S.

NLa1otiou Oi JCuu OaItl, boiiIo AZ
iournl till 9 o'clock 4. NJ, May "a,
1873.
ts a, at 9 o'clock A. NJ, Board
mS. Roll called. All members present.
Josrnl of previous meeting read and
aplroed.
Reslution No. 3. by Thos. Thornton:
NRREAs. The clock in the county
clerks Office has outlived its usefulness
as me-keeper, therefore be 1t
Raoiced, That the county clerk be
authrized and instructed to sell or trade
said lock and purchase new one at the
expese of the county at a sum not to
exed $15.
Aopted-ayes q, hayes 4.
N motion of Geo. Cooper recess
ofifteen minutes was taken.
after recess, the report of the Dis
trst Attorney was read and adopted.
10 the Hon. County Board o. Super
Usors Of Manitowoc County,:
At the last annual session of your hon
cable body, report was rendered 10y
yur committee on illegal assessments,
(Which the following is part:
Being unable to dispose of all of the
qestions submitted in relation to large
nmber of these certificates, we there
fee recommend that all claims undispos-
eoof by this report be referred to the
District Attorney for examination, and
th.t he be required to examine all claims
heein specified as undisposed of and to
re'ort in writing to the next meeting of
tie County Board his conclusions, after
sich examination, as to the legality of
sad claims, and that in said report he
spcify particularly the reasons Why each
cetificate or class of certificates are ille-
gl, give the date of the transfer from
tie County, classify those presented that
have passed out OF the County treasury
without consideration, giving his reasons
why all certificates are or are not valid
chims against the County, and compute
the interest upon all those the allowance
of which he recommends to the County
Bard.
The claims which we recommend to
refer to the District Attorney are:
Chm of A. Wallich, Observation-Disclosures $500 50
S..hr -
" X. p. Eaton, n,...................--l0 l01 67
Petition of II. Schmidt"
(See pages 81 and 80 of printed pro-
ceedings of County Board for 1870.
1t appears that such report, from
which the above is extracted, was ADOPT
ed by said County Board and Oh pages
4o ana II ot the aforesaid printed pro-
ceedings it further appears that seventy
five dollars was appropriated for the
payment of such services SO to be per-
formed in pursuance of the aforesaid re-
concentrations of your committee on
illegal assessments.
In pursuance of such request by the
County Board, and in consideration of
the sum directed to be paid for the SER
vices to be rendered, /, A. J. Schmitz,
District Attorney of Manitowoc County,
do report as follows:
[ have made the examinations referred
to i'll said report and have ascertained the
following facts:
First. That none of the certificates
referred to me for examination were pass
ed out of the County Treasury without
consideration, but that all of them were
disposed Of by the County for value.
Second. That the claim of A. Wallich
for s290.S9 was duly presented to the
County Board for allowance in 1876. and
was in November of that year disallowed
by that Board at its annual session, on the
ground that the certificates which consti.
tuted the claim were at the time of theil
presentation for allowance barred by the
statute of limitations. Such disallow
ance was never appealed from, and, con.
sequently, became in thirty days there
after a final disposition of the claim
l. Taylor Statutes page 301, sec. AZ
same, page 800, sec. So; same, 2oog,
303, sec. 81. These statutes settle al
questions as to the legal aspect of The
claim.
What equities may exist to entitle tht
claimant to a second hearing before The
County Board, know not, and have no
endeavored to ascertain, because tn,
record does not disclose that said Boart
has consented or agreed to the institu
ton and maintenance of an action b,
such claimant against said County (se
sec. 81 supra) since the previous disal
iovauce. Besides, T am directed to as
cer-ain merely the legality of said claim
and give my reasons. This claim, there
fore, l report as illegal and that tn
County is in no way legally obligate
| thereon.
Third. The petition Of H. Schmid
does not comply with the requirement
as expressed in resolution of your hor
orable body passed on the Both day @
May, 1877, and found on pages and
of the aforesaid printed proceedings.
have examined the assessment, however
of which Mr.. Schmidt complains, and
find nothing which shows his lot to hav
been enormously assessed. At any rat
| recommend the denial of his petitio
because it neither contains, nor is accom-
panied by any statement of the irregr
larity or illegality relied upon to avoid th
! tax.
Fourth. After diligent search an
enquiry I am unable to find on file al
claim presented by F. Schmitz. If an
such claim was presented in writing
has probably been lost. But AIN sati
fed by conversations with the Clerk {
| P0oxl a~l H., h