Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1883-09-19


The following pager was filed with Fr'ihoh
otary Greer last Friday:
BUTLER COUNTY, s.
BENZ. N. NEAD) In the Court Of Common
AND Pleas Of Butter County
JACOB ZIEGLERJ Pa.
vs. the County Of Butler.
Issue summons in aSsumpsit, returnable to
next term, also rule to file an affidavit OF de-
fenge in IA days or judgment sec. reg.
To NJ. 4. GREER, LEV. MCQUISTIoN,
Protbonotaty. Atty for Plaintiffs.
AFFIDAVIT OF CLAIM.
STATE OF PENNSYLVANIA, DAUPHIN
COUNTY, ss.
BEFORE me. the subscriber, q Notary Public,
duIv appointed and commissioned, in aud for
the State of Pennsylvania, residing in the City
of Harrisburg in the said County of Dauphin
personally appeared Benjamin NJ. Mead, of the
city and county aforesaid, and Jacob LIe9ler,
of the Borough of Butler, in the County OF
Butler. and State aforesaid, plaintiffs IN the
above case, who being duly sworn according to
law, did depose as follows, to wit:
Jacob Ziegier deposing saith that on or
about the 27th dav of March, A. ID. 1882 the
Commissioners OF tie COuGty Cf Bgtler, the
the said county defendant to wit James Coll
Inns, Charles Cochran aud George w. Hays,
did agree with him, the said Jacob Legler,
acting for himself and the said Benjamin NJ.
Mead, to employ and through him, the said
Ziepler did actually employ the said BEN iamn
VI. Mead, as a person conversant with such
with such matters to act in conjunction with
the said Ziegler and to examine the accounts OF
The said county with the State for taxes which
had been iIiegaiiy 9Gd impronerly assessed
against and paid by said county during tn-
year 1873, 1876 and 1877, ard to take such
steps as were necessary to secure to its credit
/ of -p IunrOpqTiV and
ILLEGALLY assessed against and paid by sad
county And the said deponent further saith
that he did forthwith, to wit: on the 27th day
of March, A. -. 1852, conlmUnlcdte TO the sa!d
BENJAMIN NJ. Mead, at Harrisburg, notice OF
the arrangement which had been made with
him by the Commissioners Of Butler County
with instructions to proceed with the work at
Harrisburg, and to call upon him, the said
Zeigler, fe0L4 time 10 time for such assistance
in the work as was necess4f. 20 be furnished at
home.
Beuiamn n Mead, deposing, saith that as
soon as he was notified OF the SAID action OF the
Commissioners of Butler County he did forth.
with undertake the business OF examining the
State tax account of said county, comforting
from time to time with the said Ziegler, and
through a technical knowledge of the subject
did ascertain that the said county had been lm-
properly and illegally assessed with, and had
paid the sum of s. 659.9S of State personal tax
es in excess Of what was legally due for the
years 1875, 1876, and 1877. Upon ascertainin9
This fact the said Mead, acting for the
said county, in conformity vita tho
arrangement with the said Ziegler, did
make the proper estimates and prepare all the
proper papers at his own expense, and with
the full knowledge and assent of the County
Commissioners aforesaid, did make application
to the Board OF Revenue Com rs OF the Com
monwealth of Pennsy lvania, and upon sad APP
pIicaticn duly prese.ted, did secure credit to
the use of the county for the full amount CT the
ella. IN made, which said credit was duly cefti-
fed to the Commissioners of said County OF
Butler through the hands of the sald Mead as
attorney on the 1lth day of April, a. ID. 1882,
in good faith, and was accepted by and made
to accrue 10 tne heneit Of said cognty to its full
amount, to wit: the sum OF IS, ,G59,9s.
That for the use of the knowledge Cf this
class Of accounts, brought to bear in the said
adjustment, for the labor and expense Of pre-
pairing the papers and for presenting the ease
ana securing the credit, the said plaintiffs
claim and aver that they are jusly entitled to
the sum of seventeen nlingrsa ald tnirty-l|o
dollars t;,i732) rs a reasonable compensation
n gtGRtuHt aaeruH-for the service performed.
This amount Of compensation, they aver, is not
is not in excess Of aud in some cases does not
nearly equal, that paid by large number of
the other counties IN the State for similar SER
vices performed yet the aforesaid claim OF the
plaintiffs or any part thereof; the said county
de efendant, although payment OF tne same haa
been frequently requested by the plaintiffs, has
refused and continues to refuse TO pay, and
further deponents say not
BENJAMIN NJ. MEAD
ZIEGLER.
Sworn and subscribed before me this 11th
day Of September, A. ID. 1888.
STEW; ;RT ?. KEELING,
Rotary t'abliy.
The above are pretty strong aifidavits, and If
the Commissioners made twenty per cent.
contract with Mr.. Xiegler they ought to pay 1t,
but they all emphatically deny having made any
contEa.j o. eng arrangement whateVer, WIN
him for the occurring OF thi5 rebate, ana say
that it was very simple matter ana heeaSo no
technical knowledge" that they received no.
tice from the Board Of Revenue that 1t wGs IN
session and that a rebate could be had, and
that Commissioner Collins with their attorney
went to Harrisburg to attend to 1t, but found
that the rebate had already been allowed.
The rebate was due the county by reason OF an
oYer-asaessaegt al t!;s koiGix by mp BGaFa o.
Revenue, on account of a difference in the tri-
ennial and annual statements The claim Is
not without precedent in this county. Tho
Report of the County Auditors for.lSSl publish
ed in February 1882, shows that $4,000
was paid to one, j. W. Nj. Neulln,
for State taxes, when, as we are
leiiab;y informed, there was no State tax Wha'-
eyer paid thai year, qnd that the - 10000 was
paid to Seulin for alleged services in securing
a.rebate Of some four thousand to the county.
The Harran, ,ar ise sum of $500 TO Mr.. Men,
lin, has been hunted up by the present board
of Commissioners and is now in the hands of
the County Treasurer. 1t was not drawn by
the Commissioners Clerk and was signed by
the entire Board Of Commissioners nf that year.
The trancaction has been pronounced "a steaV
by one who ought to know and if it was, the
true inwardness Of it will be brought out in
the trial of the pending suit bctw. Zicgler
and ilp Co4ltY iemmissioneFs,
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