Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1892-01-07
THE COUNTY WINS.
A Decision Announced in the
Important Wallace Tax Ger.
tificate Case.
City Council and District Court
Matters The Electric
Light Contract.
Death Of Rev. Bergster, u Pho
neer of tho James River
Valley.
wallace Tax Title Case Decided.


wallace Tax Title Case Decided.
Commissioner Eddy received tele-
gram Tuesday from Judge Dillon, of New
York, the assistant counsel of the coun-
ty in what is known as the Wallace tax
certificate case. The dispatch stated
briefly that the Supreme Court had rem
dered a decision in the case. and that
it was "a complete victory" for Stutsman
and Cass counties. Particulars have not
yet been learned, but if the dispatch is
correct the decision gives the holders of
The tax certificates nothing-not even the
principle, to say nothing of 30 per cent.
interest.
The plaintiffs in the suit paid III cash
INTO the county treasury about S6OOO,
and subsequent taxes Of $500. They
asked that the sum be returned to them
with 80 per cent. interest.
w. E. Dodge argued the case before
the supreme court of the territory at
Yankton for the certificate holders, and
Judge Rose appeared for the county,
being then district attorney. The plain
tltfs won in that court, and in subse-
quent trial before the state supreme
court also won their case. The case was
appealed to the United States supreme
court and recently argued by Mr.. Dodge
and Judge Dillon. he county offered
to redeem the certificates at Z per cent.
interest and held the offer open for
nearly year. All holders refused
to accept the principal back at per cent
with few exceptions and less than
$1,000 worth of the certificates have
been redeemed. The majority Of
the holders we're positive they could
collect the thirty per cent interest,
but the decision, if correctly under.
stood, refuses them even the original
amount paid. This seems to be great
injustice and denial Of common equity.
The decision Is from the court of last re-
sort, and only again emphasizes the ten
dency of the law to hold that in the pur-
chase of tax titles person buys at his
peril.
The decision, if true as above stated,
let's the county out of paying very large
sum Of money. The amount of all the
certificates at per cent interest would
be between $4,000 and $4,000, and at
30 per cent, between $4,000 and $780,
600. As near as can be estimated, the
decision effects certificates amounting to
between six and seven hundred thousand
dollars in the state.
1t is natural that the county ofiq Yrs
and attorneys should be highly plea ID
at the outcome of this celebrated cl ,e,
but while feeling relieved over the result
do not hesitate to say that the equities
and rights of parties to a return of their
money. with reasonable interest, seem
more than apparant. Judge Rose is par
ticularly gratitied at the endorsement of
the law points as presented and held by
him, although he was one of the chief
advocates of a compromise and redemp.
tion of the certificates at per cent. The
details of the decision will be gwen in
The Alert as soon as known.
City Council.
The regular nesting of the city
council was held Monday night. Present
Aldermen Adams, Altschul, Eager,
Hotchkiss and Steel. Absent-Alder-
men Buckley, Fletcher and Hayee.A
man Steele acted as mayor in absence of
Mayor Fuller.
The first matter arising was the con-
sideration of the electric light contract
for 1880. The city last year was pay
Ing for II arc lights at S125 each year.
The following communication from
Anton Klaus, on the subject, was read
at the last council meeting and referred
to the committee. The committee re-
ported on same last night. The COM
munication reads:
To the Honorable City Council: My
contract dated January 3, 1891, with the
city Of jamestown being modification
Of former contract with the jamestown
Electric Light Co., will expire by It's
terms on the 3rd of January next. 1t
has never been carried out on the part
OF the city. As assignee of the Electric
Light company, I am willing to agree to
continue the lighting of your city streets
at the lowest practicable figure, as low
AZ any city OF the 10 different cities in
North Dakota and South Dakota gets
the light. Ifyou will modify the con-
tract of Dec. -, 1887, so as to give $3.50
per year for arc lights from Jan. 3rd
1892, and add four more lights to make il