, 1889-03-28
THE MORTGAGE MIDDLE
The Commissioners Considering Re-
quests for Rebates.
A Vigorous Protest Against the
Method of Assessment.
County Attorney StoIl's Letter on
The Subject.

themselves u~niustly treated in the matter
of the assessment of mortgages. Many
grievances were in the form of afidavits.
seventy Ave. Many claims were allowed,
but the large majority were tabled after
receiving due consideration. Nearly all
conceded that mortgages were subject to
taxation, but protested vigorously against
the loose listing Of this class of credits.
1t developed that many mortgages had
been subjected to double assessment;
SOM partially paid had been placed at
the full amount, while the non residents
invariably represented that the eastern
tax collectors had taken toll from them.
Officials and aggrieved persons with
whom a reporter conversed placed the
blame on the assessor, Il. Joe Fisher, say
ing that instead of securing facts from
the mortgagor or second party he copied
the desired data from the county records
without regard to arrangements between
the lender and borrower and that out
siders we're not consulted at all. 1t is
also said that Mr.. Fisher failed to deduct
the amount of a mortgage from the value
Of the property listed, thus securing d
double assessment.
Mr.. Fisher was last evening requested
to give his version OF the matter. He
AYERS that the reticence of mortgagors
and mortgages forced him to refer to the
county records, and that the Eastern peo-
pie who have placed loans here misrepre-
sent facts to escape payment of taxes. 1t
was his purpose, he says, to follow the
letter Of the law as interpreted by the
county attorney.
The mortgage muddle has had a bad
effect. Loan agents have become wary of
Cheyenne and Laramie county as a field
for placing eastern capital, and local men
with surplus cash have announced them
selves in positive terms. bitterly denounc-
ing the cause OF ENHANCEMENT.
The present commissioner are endeav-
oring to adjust claims on a basis of equity
and in conformity to statutory provisions.
County Attorney Stoll's letter on the
subject is herewith presented. 1t is a
remarkably clear analysis of the law, and
how one could misinterpret Its %instruc-
tons is a mystery
CHEYENNE, Wyo.. Aug. I, 1885,
Hon. Board Of County Commissioners,
Laramie County-GENTLEMEN: Under
date of July 3 / answered a communica.
ton OF you honorable board asking me
whether the word mortgages was in
cluded in the term credits and whether
mortgages are taxable within this county.
| then stated that section 3777, K. s., in
express terms included mortgages under
the term credits" that sections 1871 and
1892 require all credits 10 be taxed, and
hat section 3776 especially enumerates
mortgages as subject to taxation. In
that communication | expressed it as my
opinion that mortgages are required to be
taxed by the provisions of the statute.
Recently, in conversation with Hon.
John Hunton, | was informed that it had
been the custom OF the assessor to assess
to the owner of a piece of property what
ever mortgages he may have upon it; and
that, as a result, mortgages were taxed
twice, first to the mortgagor and the Sec
ond to the mortgage. Mr.. Hunton
kindly requested me to make such sugges-
tons to your honorable board as would, if
possible, enable you to tax the same
species of property but once, and, at the
same time, to. comply with the require
ments of our statute.
| have made a careful examination of
our statute and am o ready to make
such suggestions as Mr.. Hunton's consid-
Grafton has prompted me to offer.
The parts of the law relating to the ter
%ritorial and county revenue which are in
volved in this inquiry are all parts of one
law passed and approved on Dec. 10,
1869, and are found in chapter 100 of the
compiled laws OF 1876.
In section 377S, r. s, we find this pro-
vision:
property under mortgages or lease is
to be listed by. and taxed to. the mort
gagor or lessor, unless it be listed by the
MORTGAGE or lessee.
This provision Is found in section 5 OF
the act of 1869. Looking at this provis-
ion by itself. we see that it is the duty of
the assessor to assess the mortgage to the
m~ortgagor. and the duty of the mortga-
gor to list it for assessment, but this is to
be done only if the mortgage has not
already been assessed with the same
mortgage. So from this provision, there
is no possibility of this mortgage being
taxed twice. 1t is to be taxed to the
mortgagor, if it is not already taxed to the
MORTGAGE, and if it is not taxed to the
mortgage it is to be taxed to the mort
gagor.
Section 1892, r. s., contains this pro-
vision:
I'm making up the amount of money
and credits which any person is required
to list, he will be entitled to deduct from
the gross amount the amount of all bona