The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-09-27
FRANCKlYs CATTLE CO.
A VERY NICE LITTLE SCHEME
Cddssns hast Pay faxes. bat not Fer.
etgners-A Shrevd Foreign Coru.-
rsttsA Attempts to swiadis
the State The Bubble
ffeked-rhe Facts

AAnu Anu Cettle company TO res train
the officer from collecting the taxes
due by them In Greer county:
To the Judges of the Circuit Cour, of tbs
United states, Tor the Northern Di,trlc,
OF Teas.
The Frsnklyn Land aud Cattle com.
pany, q corporation, Incorporated up-
DER the laws OF tbs state OF Now jar.
sey, on the = day OF 1881 and a Citizen
OF said state Of Nav Jersey, brings
this other bill against q. W. Arlington,
OF wheeler comfy, aud a citizen OF the
state OF Texas, aud therefore your era
Tor complains and s4ystnat heretofore,
to'wit, on and since ABOUT the first 6ay
OF November, A. D., 1882, said orator
mas peen doing the business of buying,
Ialsins anu selling cattle in the south
western portion of the Indian Terri
tory, called Greer county. and situstea
As iollows; East OF the Tooth meridian
OF longitude, west from Green wien.
England, and between the north fork
ana the main stream of Red River.
which said region, above describe i. il
10 claimed, he'd aud controlled nv the
United States Government, as A part of
the indian Territory.
That to-wis, on tue first dsy of Jauu
airy, A. D., 1884, your orator owned aud
Was In possession of cattle and horses
and mules, valued at 5000; in num-
Der as toll1ws: 600 horses, 26 $3.50
cattle, VALUED 1t $373,2iO, and
other miscelianeou. personai prop.
erty valued at $3.50. amounting In
the aggregate to S3S2,470, which said
cattle, HORSES, etc, w ,ro on said lst day
OF January. A D., 1854, aud for long
time prior thereto h vi been, aud hsth
ever since been held. Kept and stu.
ated in the territory harein before de
scribed. That heretofore to-wit: on
the - day of - d 1886,
the assessor of taxes OF Wheeler
county was pretending that the said
territory heretofore named, vas and
nad been annexed by an act Of the
Legislature of tho State OF Texas, an
proved on the 9th OF February, A. ID.
1881, for Judicial purposes TO said
Wheelor county, ani That all personal
property OF Your orator which might
pc situated in the said territory, on the
lst day OF January, 1881, WAS for ths,
reason tsxabls in said county, and
Chen aud thore without the consent or
authority OF your orator, but over
their solemn protest. did enroll the
name OF your orat n on his assessment
roll for said year, and did then and
there list aud enroll thereon said cat.
lie, horses and other personal property
OF your orator at an aggregate aud
total valuation % 1872 40, and that on
the day - A. ID. 1884 tho commits
sioners court OF sad Wheeler county
having duly approved said ASSESS
ment rolls, Conta ming thera.
on the enrolment of you,
orators property aforesaid, listed rs
aforesaid, did rider \ tax of to-wts:
Gents on the dollar os levied and
collected thereon aud thsrefr0m from
the property oi your orator, for county
purposes. to b. paid INTO Cue treasary
OF said WheeI,r county, In addition t.
the Stat TAX, and did, therefor, do
liver said ass ssmsnI sale % The sher-
III and eg-pfli 10 lax collector of said
Wheeler county, and did order him &c
proceed u CO lecG Toe taxes CLAIMED 20
be due thereon. The defend aots now
and have ben since the - day o
November, A. ID. 1854 the duly eleGred
and qpsliiied sheriff and ex-ofiicic
tax collector of said Wheeler county
and rs such tax collector IL ia the
possession OF sA d ass sssment rolls
and IL demanding from your orator
the sum Ol haid taxes, rs + flows: State
school tax, s47S.b9; s AT. al valorem
$669.32; county TAX, S2,S6S 81, amount
Ing In the aggregate 10 tho sum OF
$i,Ul5. being the sum Of the taxes AZ
sessed against your orator on osid as-
Sessmsus rods, and thst your orator
having declined to psy said taxes,
Tor the reas ps herein set forth, has
seized, levied upon and advertised for
sale the properly OF your orator a.
follows: Three hundred COWS and 30(
calves, all in sail territory OF Greer
county, to satisfy said pretended
taxes, no assessed against the property
Of your orator, and will sell the sans
on the first Monday in July, A. ID
1885, as per said advertisement as
posted, unie n restrained from 30 do
ing by this court.
Your orator says and charges and
alleges that the taxes so assessed
against them by tho said Wheeler
county, are illegal, null aud void, and
that no part Oi said .aXes can be le-
gally collecIed tor the following rea.
sons, to wit:
Because said territory, hereinbefort
described, in which said property is
ana was sisuatcd, as azores aili, at al
times, herein mentioned, was and is still
claimed, held and controlled by thu
government OF Cne Un,tsd State az n
territory belonging to the said United
States, and In uu wiss / ths State o
Texas, and tnas the executive depsrs
ment Of the Udlted \ 4tes CLAIMS ana
asserts that tho sad territory |, n,
part OF the domain OF rexas, and tina
IA D ~. a.. ...l
over the same, and the said Unite'
States, through tnsir executive ans
military ulli ~. y aud soldiers, are IL
active possession OF said territory, auC
that Ia the m nth OF --- 1879
said Territory was surveyed aus
sectienizuo by tho auth ority and unf.'
INSTRUCTIONS Oi she general laud onic
OF tho Uuitsd states, aud that nice
noles OF ead surrey, were re,urne,
and filed IN tpo genera, land oillcs y
the United 81 tss end now CONSTITUTE
apart oi tna re jrds ~ said otlico, al,
that said State OF Texas ha, neve
taken any coGt oil or y issos.,on OF sal,
territory, nor has ssit state, In All.
way, protected, ur attempted to pro oc
said territory or the inoanltanN there
OF, at any ~ the Aforesaid dates, up {
Civ HitNNuh klAits
Your orator further alleges II 10 ba
fact, ami, therefore, charges, that 20
the privilege OF holding said esitlo AN
property aforesaid IA said region q
Greer couuty, and rs the means Q
holding the s&mo thore, your orator
compelled TO pay 10 the lad aus inhat
iting anu overrunnlug said regiU
largo Wun'uria ot sup los, cAitlo an
horses, enuunlIy amuubting, ia the rs
regalc, 60 about tne SUM ~ SlQ.0Ol
Your or TOR luther ahegos
to DO true, ad so Charge
that the authorities OF th
State OF Texas anu of ~hee Q
county have never done or attsmptel
to do snylnuE for the proecuon @
properly q, said territory OF Groe
county, though often requested IN al
ford protection 20 property situated
therein.
Your orator further alleges that IL |
without sdt qnatg remedy at law In th
premlses; mat tho pay ment Of ahi'
taxes into the hands OF the eli srs q
the State q, rexas, who aovnf men
claims saidstarri,ory afpiasalJ, vail b