Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1885-09-30

l1=NxETfgR NGKHNs1 NAE{4EN -@- 5-Ee EAIEH i
1st. That John A. Burbank, one
81 the REALTORS at the time Of the
commencement Of these proceedings
and now Is the owner and holder Of
ninteen Elk Point township railroad
bonds numbered from ten to twenty
eight both inclusive each of which is
for the sum Of five hundred dollars,
dated the 4th day Of June, A. d.
1873 and also two hundred and
seventy five interest coupons each
Of which il for twenty dollars Of
even date with saidi bonds all OF
which bonds and coupons are past
due and are unpaid.
End. That the same were le-
gally issued by Elk Point township
to the Dakota Southern Railroad
company.
Bird. That said bonds coupons
and interest thereon are the same
that are mentioned in a peremptory
writ Of mandamus upon a final adj
Indication wherein the territory of
Dakota on the relation of said John
A. Burbank was plaintiff and Hal
vor Knudson, John M. Peterson and
Charles LaBreeche as the board Of
county commissioners Of said
county of said county were
defendants and the same that are
mentioned in an act Of the legisla-
tive assembly of Dakota territory
entitled "A bill for an act in rela-
ton to the bonds and coupons issu-
ed by the township Of Elk Point,
Union county Dakota"
approved February l4th, 1885.
4th. That the defendants while
in q regular session as a board of
county commissioners on the 9Th
day Of September, A. D. 1886, were
requested by the REALTORS to levy a
tax on all taxable property in Un-
ion county including Elk Point
township, not to exceed two (2)
mills on the dollar for the year 1885
for the purpose Of reimbursing Elk
Point township for the taxes paid
by railroad companies on their line
Of road running through said town.
ship tax when collected to be appli-
ed in payment Of said bonds cou-
pons and interest.
9th. That The defendants have
at all times refused and neglected to
levy said tax.
9th. That John A. Burbank, Elk
Point township, William Duncan
and the other REALTORS are interested
parties in this proceeding and finds
the levy to be-:
LIST. That it is the duty Of the
defendants and their successors
in Office as a board Of county COM
missioners Of Union county to an
nually levy a tax of not to exceed
two mills on the dollar at the time
other taxes are by law required to
be levied by them upon all the tax
able property in Union county in
GLIDING Elk Point township until
the sum Of eight thousand nine
hundred eighteen and 91-1ON dol
lars with interest from January LIST,
1885 is raised or so much thereof is
necessary to reimburse Elk Point
township for the taxes paid by rail
road companies on their line of road
running through said township.
2nd. That the said REALTORS have
not a plain, speedy or adequate rem
edy in the ordinary cause of law
which they can pursue in the prem.
Uses for redress.
Bird. That plaintiffs and REALTORS
have and recover their costs Of this
proceeding.
Now therefore this court being
willing that full and speedy justice
be done to all the REALTORS in this
behalf hereby orders and commands
you the said Halvor Knudson, Jno
NJ. Peterson and Alex. Kevill as the
board of county commissioners o
Union county and each Of you that
you do meet and assemble to-
gether al the board Of county com.
missioners of said Union county al
your usual place of meeting at the
court house in the city Of Elk Point
in said county at the hour Of ter
(1O) o'clock in the forenoon of the
10Th day Of September, A. ,. 1885
and then and there levy a tax of NO
to exceed two mills Of the dollar OF
all the taxable property in said Tn
ion county including Elk Point twp
for the year 1885 for the purpose o
providing a fund with which to re
imburse Elk Point township for tn,
taxes paid by railroad companies OF
their line Of road running through
said Elk Point township except ter
ritorial tax which tax when collected
to be applied in the payment 0
said bonds coupons and interest an,
that you cause the same to be spreat