The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-10-01

a VERY NICE Llrrle SCHEME.
Citif ens Mast rAf IaNssi bat not Tor
eigpcrs-A hhfewd rortlrn 'orpo-
ration Attempts 60 swindio
the Htate-1he Bubble
gloked-The Facts.

AUSTIN, Sept. o. Correspondence. ]
The following Is tho application Tor o
writ OF ipluaotion by the FTauklyn
Land and Cattle company 20 restrain
the onlcsr from collecting rhs taxes
due by them 10 Greer county;
To the Judges OF the Circpit Court OF the
United States, for tho Northern Di trct
OF TeIas.
Tho Franklyu Land aud Cattle COM
pam, a cofsurAi ln, !nonTporaied un-
der no laws OF tho Ftate OF New Jsr-
sew, on the - DAY ~ 1881 ald a citizen
OF aaid staie OF New jersey, brings
this other bill hgaipstN. w. Arlington,
of MhpUlOr cuugy, aud = ai,lzan OF the
State OF TeNas, aud therefore yeur ora
tor complains and save That heretofore,
to.wit, ou and stnca Annut the nTst day
of Novambcr, A. D., lsS2, said orator
has been doing Cho qu'iutsso i buying,
rais!ug ana settling casiln IN the south
wes .aru portion OF the Indian Terri.
tori, Gated Or err county, aud situated
as follow: East 81 the tooth meridian
OF Longitude, Wess from Greenwich,
ENGLAND, ana bstTeen tho north FORK
anu The mi,in stream ~ Rsd Riy6r,
which said region, above describe =, II
IN claimed, held aud controlled by The
United States government, as u part Of
the indian Territory.
That tn.wit, az the hrss day 81 Jauu'
ary, A. D., 1884, your orator uw nod aud
was in possessiOn of cattle and horses
and mples. valued NJ 5000; IN num-
her "a fQli awe: go horses, ~ go
cattle. valued 1t 1919, 20, aud
Other miscellaneous p,rsonnl prop
erty valued ut $50. amounting IN
tho aggregate 70 S3s2,41O, which said
cattle, horses, etc wsre on said lst day
of ] anuary. A. d., 1881, aud for - long
time prior thereto Ia al been, and hath
ever since bsen hslS. k.pt and stu
ated In the territory herein before de
scribsd. That heretofore tC-wlt: on
the 49, day of ---, A. ID, 1888,
the Assessor of taxes OF Wheeler
county was pretending that the said
territory heretofore named, was aud
had been annexed by an act Of the
Legislature OF the State al Texas, 90
proved on the 9th OF February, A. ID.
1881, for judicial purposes 10 said
Wheeler county, and that all personal
property OF your orator which might
be situated il the said territory, on the
let day OF JG1uary, 1881, was Tor that
r9Rglu taxable in said county, and
theu and There without the consent or
authority Cd. your orator, but over
their solemn protest did enroll the
uamo ufyuUr orator on his assessment
roll for enid var, and did then and
there lis, and enroll thereon said cat
lie, morse 'rn other personal property
OF your orator at an aggregate aud
total vnluaiiJu OF 1872 $40, and that on
the day "a. ID. 1884 the commits
sioners court Ut said Wheeler county
having duly approved said assess
mont rolls, containing there
on the nrollment OF your
oralcr's property aforesaid, listed as
aforesaid, ca order q tax OF to-wit:
---c ants on the dollar be levied and
collected thereon and therefrom from
The properly of your orator, Tor county
purposes, 20 20 paid into the treasury
OF said Vince or county, In addition to
tine State .GE, aud did, therefor, de-
liv er said ga essmen5 sale 70 the sher-
IA and oE-gil clio TAX collector of said |
Wheeler county, and did order him to
proceed 10 collect the taxes claimed TO
30 due thereon. The defendants now,
and have been since the - day OF
November, A. ID. 1884, the duly elected
ana qualified sheriff aud ex-ofiicio
tax collector OF said wheeler county,
and e5 auch tax collector Is in the
poss3asiOn ~ said assessment rolls |
and r. domsndiDg from your orator
the .uni OF aid taxes, as follows: State |
snhoul tax, s47s.59; State ad valorem,
$685.. 81; county tax, $2,S6S b2, amount.
ing in the aggregate 10 the sum of |
s4.Ol5, esiug the SUM Of the taxes as
sesssd against your orator on said as
asss,nont rolls, and that Your orator |
having declined to pay said taxes, |
FOR tbs raasons herein set forth, has |
eeizsd, levied upon and advertised for |
sale the properly OF your orator as |
Follows. Three hundred COWS AID 800
calves. all in said territory of Greer
county, to satisfy said pretended |
taxes, 80 assessed against the property |
OF your orator, anG viii Eell the same |
On the tirst Monday in July, A. ID.
1886, no per said advertisement rs
posted, unless restrained from so do
inc by this court.
Your orator says and charges and |
ALLEGES that the taxes 80 assessed
agairst them by the said Wheeler
county, are illegal, null and void, and
that no cart OF said laxes can be le-
gglly collected Tor the following rea-
sors, 10 wit:
Becarso said territory, hereinbefore
described, in which said property is
al was hi.uated, 90 azores aid, ct al
times herC.n montioned,w was and is still
Glaimai, held and controlled by the
ynyGrnment OF the United Stare,, as a
territory belonging TO the said United
Statos, auu in no wise t. The State OF
TeEgs, and that the executive depart
meut {. II the United States claims and
assetts that the said territory il no
mart ~ tbs domain of Texas, and that
the Baid State of Texas has no control
over tho anne, and tho said United
States, through their executive and
milit9ry officers and soldiers, are Ia
active = accession of said territory, and
tfst il the month of -, 1876,
said territory was surveyed and
sectienized by the authority and under
of the general land ONCE
Of the United states, and that MED
notes of said surveys were returned
and filed in the general land ofiice OF
the United States and now constitute
D part of the records of said office, aud
that said State OF Texas has never
taken any control or possession OF said
nor has said State, in any
way, protected, or attempted to protect,
said territory or the inbaoitants there
81, at any of the aforesaid dates, up to
The present time.
Your orator. further alleges 1t to be q
TACT, and, therefore, charges, that for ,
he privilege of holding said cattle and
property aforesaid in said region OF
Greer county, and as the means %
aOlding the same there, your orator 10
>OLupoiiSu " pay W.onO AAuAe1D :
ting and oyerrunning said region {
arge amounts of supplies, cattle and
lorses, annually amounting, in the ag-
rregate, to about the sum of $4,000. 1
FOUR orator further alleges it
o be true, and 30 charges,
hat the authorities OF the
'tste OF Texas ailf Of Wheeler !
ounty nave never done ~ attempted 1
3 do snything for shs protection OF "a
ropertv OF said terr} sory ~ areer !.
ounty, though ofben lfeenestod 10 az
,rd protection 10 Properly sifaaEeu
narefD. s.4 s IA
Y uur orator fufthsr alleges that 1t IN y
,ittont adequate rel edy at law ~ tho 1
reniisgs; that tha ray Ineiit o. said Q
,xes into the handB OF the OH eeTH Of Y
az tisete OF yes. ~, VII ose government q