Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-11-05
NUMBE :21.

CAS- the whole Of the printers legal fee
chargeable against the lots IN contToversy
for publishing them - required byy law
in the delinquent tax list for the year
1874 wss charged against the lots. and
the lots sold therefor, while only twenty
per cent Of that amount was paid to the
printer, the defendants tax deed must be
held to be voidable. 4
A refusal on the part of the council to
appropriate money to pay the legal lia-
bility Of its principal, the city. would be
In this the same as in any ether case
violation of duty which would render
their principal amenable TO the Law.
Respectfully submitted,
w. E. DODGE,
City Attorney.
Mr.. Hicks then offered the following:
Resolved-That upon fling with the
city clerk the written opinion Of the city
attorney that the publication 0t the de-
linquent tax list by Mr.. Mcclure. pro-
prietor Of the Alert, was legal publica-
ton; that the printing of the word ''do"
instead of the actual amount in figures
due on each description does not invalid
ate the tax list; that the printing was
done In accordance with the requirements
Of the Code of Dakota and the ordinance
of this city, that then the clerk be au-
thorlzed to issue to Mr.. Mcclure an order
on the treasurer of this city for 12Ol; that
the city clerk be instructed 10 withhold
the order until such time a. the written
opinion Of the city attorney shall be filed
with him confirming the legality OF the
printing of the list, and that the city
treasurer be requested to furnish the clerk
a statement of the publication of the tax
list.
Mr. Hicks stated that the resolution
allowed ten cents for each description
and only cut down the amount charged
for the heading. 8is
. Mr.. Miller though the resolution fair
and reasonable allowance.
Mr.. Conehay thought the full amount
of the bill should be paid as the heading
was necessary part Of the plblication,
and that Mr.. Mcclure had already besn
kept out Of his money for sometins. He
said he had BEEN to the printing once
and saw the copy and believed the list
was published according to the copy fnr-
nished by the treasurer. He had consult
ed an attorney as to the legality of the
publication and had been informed that
it was legal.
MIR. Kelleher moved that the resolution
be laid on the table.
Mr.. Conehay supported the motion ssy-
ing he thought the resolution ought 70 Be
tabled and the full amount Of the bill al-
lowed Is the matter had been hanging
for sometime and could now be finally
settled by allowing the small amount
charged for headlines. ls.sssa-- ...sss -
Mr.. Hughes favored the adopt on OF
the resolution a. it IVES 90 near the full
amount that hs thought there would b
no further contest over the matter.
Mr.. Hicks said the resolution allowed
the full amount allowed by Law and he
did not think the cou ncll had any night
to allow for the heading - the law did
not provide for the payment Of such part
Of the publication.
| The motion to table the resolution be-
ing put and the ayes and nays being
called the vote stood Is fellowS:
| Ayes-Conehay and Kslleher.
Nsys-Hicks, Hughes, Long, Miller,
Martin and Selvidge.
The molten to adopt the resol utlon
then carried.
| On motion of MIR. Hughes the privileges
of the floor were extended to gentlemen
present who desired to address the coun-
Gil on the city park question.
| Mr.. McGlnnls made statement Of the
present status of the pOjsct after which
the council adjourned without taking &C
tion on the subject.