The Dickinson press., 1892-05-28
0llcial Proceedings 81 The Boar! nl
County commissioners.
DlcKIN>o&, May 30. 1892.


auditor To act Oh /; proposition iron
the Northern Pacific Rlilroal Com
p;ny in reference to 1850 tnx,,S an,
for the transaction of such other h;.si
ness us might come before th., ;,n,, d!
commissioners Jopp and Cai,!w,l
present. Board adjourned To May y
at 8 Il. M.
May 2l-Thn board convened pul'
suant to adjournment. commissioners
all present, also tine states attnGne,
and Mr.. +. $. Fernald, tax co,nt:iis
sioner of the n. l.. II. II. Co.. who cl
tered ut length into all the Facts rru
tive to the unpaid taxes for l-S9 mir'r
the gross earnings law. hy which i
appeared that said Law bad h''"m .e
ppale.l hy the adoption "f tn" enii5'i
tuition of North Dakota. before IA;
time provided hy sa;'i law l'"r ti''
railroad company to make t!iri !r
port of their earnings.
After Il full discussion ot l,,- Mi.;
ter the following resolution WAS adopt
cd by the !mli beard voting aN".
Whereas, said county claims l'iA' il
is entitled to receive through t!ir ni
flee of the treasurer oi said state, e, :.
tain moneys (thc anio!:i. Of ~! ri
claim is unknownJ claimed i;y it tn b,
due llom the Northern i'l"i.i,' 4 ii /.
road Company Tie same Icing, rs J:
ri ,;mr,t ly said County. its ,:iStrii &
tive siiilrr of Ia" l:rrcr!ll,i-gv -, ::iid
rompnnyss gross earnings Wiiil:!
said state fur the yral l>,.' nni". ,llr
provisions of chapter i~! oi ti!" gem.
cr;ll laws al ti." territory vi b,i!."t;'.
passed "a; the session ol :. u. la>@',
aud
Whereas. said vn:nptliy ;'l.,i in.3 that
it is not liable. legally OF otherwise.
to pay such percentage ri its @r~~!'
earnings for said yea! nn,lcr said w
or amy percrntag" ni its .,roS> "aii,i!.:5,'
for aid year under said .i% "v ether
wise. "il'l
Whereas, said compii,y hai ~eiinm
rca! estate outside of III i@il' ui Way.
to.wit: certain of ,l!c !;,li'l-i granted 10
it by Congress which are s;;'i t't, in
said county. and upon l.oGe "i which
sad land, an ;.ss"ssm ,i,; was .:si:'lG oi
II tax i':si.i jnr said year lss9. and
Whereas, there are grave legal
doubts and uncertainties as lo wllrth
cr said county, or as to whether said
state of North Dakota for and in he
half of said county. can recover amy
portion Of til" moneys so claimed. ard
should said state in i,t!:alf of itself
and said county together with other
counties in said state recover any
monies from said Northern Pacific
Railroad It's such percentage of its
gross earnings in said year there is
great doubt and uncertainty. first. rs
to whci,,c. au.? recovery wonld ol
could be for all gross earnings ui SAID
Company in said then territory oi
Dakota both state ni:! Interstate ol
only Il percentage of It's gross earn
ings upon such business rs originated
and Terminated within the limits OF
said territory, ;l.,; ;.!sn whether SAID
percentage Should b" iliuii gross c.....
ings for the entire year of 1889 or oml,
up to the time of the adoption OF til;
Constitution of the state of Nortl
Dakota when and hy virtue of whirl
said ra!!roal company claims tia
said law hcrGinbeillr referred to WI:
repealed so far us il Wal, q might i,t
he applicable TO said company and il
consideration OF III! OF said question
said board of commissioners and $ .it
Northern Pacific Railroad Company
through its proper officer. to-wii: ii:
tax commissioner; having agreed upol
a settlement of all said pmest;..t..
BE it Resolved, that; in considcla
ION of t Ii e II M Of twenty
five hundred ($25o0) COLLAR
to bs by said Northern Pacili
Railroad Company pals. +: tie count,
treasurer of said Stark county. X. IL;
kota, within - day, from the dat,
of This resolutions; said county will II
lease and upon suc!. payment SO to
made. does hereby release ,it,a J. Drtl
ern Pacific Railroan Company irol
! all claims which said county has q
may and slia!! have growing ont O
said percentage Gr amy percentage {
said companys gross earnings fl
said year 1889 under and ljY virtue {
said law hcrcinbefore named. OF OF!
erwise: and that it will receive sal
SUM o: twenty-five hundred dollars
lieu of all claims tar t'.Hes for sai
year 1889 upon amy and al! OF ,...i
SOihl . ilUti! lt.ll ana ljt
soEa! of every nature anl dcscripti.
including ;.i! ~ said company Ian,
lying within SAID cou:.ty ~ said We;
1889.
And it is further agreed bv sa
county IN consideration of said pa
ment that il .,ny Jon should he i
stituted by the State of North Dako
to recover such percentage of sa
company's gross earnings for sa
year 1889 that the contract contain,
i'll this resolution together with So,
county treasurer receipt of said III,
ment Nag be received and consider
I by any court i'll wi,ic,. such action
A instituted and by the officers of 81,
{ State of North Dakota as and in Ii
OF any amount of money which mig
!, i'll such action or proceeding be fou
! to he due to said county of Stark
;, its share of such gross earnings u,