The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-08-19
BOWEN ESTATEASSESSMENT
The State Tax Commissioners Occupied
Good Part of the Day with Ii.
A Big Estate That Has Many Complications
Bankers and Railroad At orneys Argue
tCf Reduction Other Matters

Bowen was about to die, some three years
ago, In Carroll county. he divided his per-
sonal property between his wife aud five
children. After his death the family took
no steps for the appointment of an admin
lstrator, holding that the deceased. having
disposed of all his property. had died with
out assets, and, hence. there was no call
for legal administration. The deceased
had been reputed to be very rich man,
but the tax duplicate made no showing of
the fact. The family was suddenly made
aware that the court was to take action
for administration. and the available per-
sonal property, notes. mortgages and
books. were hurriedly taken by one of the
sons to Urbana. Ill. and deposited in q
vault there. William r. Stewart. county
treasurer, was appointed the administrators.
He could collect not more than $4,000, but
1t IS said he found evidence of
| $4,000. Stewart was finally per-
shaded by the heirs to resign. and
Nathaniel W. Bowen, one of the sons was
appointed. The new administrator col
been paid out. When he returned this
amount for taxation the county Board OF
Review increased 1T to $4,000 The claim
is that the administrators should not be
pOooOoSiOhs
the defense is that no legal distribution
having been ordered the taxes must be
collected from him as the legal custodian:
1t is also claimed that tho amount assessed
IL much too high.
The appellants were represented yester-
day by Judge Winfield, and the defens SO.
or county board, by NJ. j. Ryan and Judge
Gould. IL was advanced in Judge Gould's
statement that the Supreme Court has al
ready decided that the ante-mortem dis
trih nj n
was necessary" he said, Ito have an ad.
minIstratOr appointed in order that the
county should receive back taxes due it
from the State" Judge Gould held that
600 instead of Sl20, 900. The property should
legally, he said, be listed in Indiana.
AbnerT. Bowen. the son. who became
admIpistrator. testified before the commits
sIoners yesterday that he divided up the
estate as he had been instructed to do by
his father on his death-bed. lie acknOwl-
edged having sent the property TO Illinois
by brother in order to keep 1t out OF
Stewards hands. the latter being. he said.
a defaulter as the county treasurer. He
also acknowledged having paid Stewart
So. 900 to resign his trust. In 1890, when he
had returned the property for taxation at
$4,000, he had done so under the custom
of returning property at one-third Its
Ryan. the witness admitted having 10000
in the Metropolitan Bank at Chicago.
which was not included in the property
listed. He denied knowing what the prop
ertv in form of mortgages amounts to, nor
does he know. he said, what amount OF the
estnte is in realty and what In personal
property.
One of the witnesses in the case was Col.
Busey, who defeated Hon. Joseph q. Can
non for Congress in 1880. He married q
daughter of the deceased Abner II. Bowen.
He testified that he had no busin ess. ex-
cept being member of Congress-. He re.
lated that the deceased had once asked him
to take q walk with him, and had brought
up the Inject of his estate in case of his
death. The witness, at request of the heirs.
urged him to make q Will, but no refused,
saying. IF | die Will have no personal
property. All my notes mortgages and
other personal property belong to my son.
He will distribute it rightly" The witness
said his wife received about $1,000 as her
share Of her fathers estate. Beyond the
amount collected by the two admins
traitors and the property In the vault. he
knew of no other personality.
On cross-examinatiOn by Mr.. Ryan, Col.
Bnsey showed some temper. he ackDowl-
edged the collection OF two notes, one for
s., 00o and one for S. 900. He was asked for
list of the notes and mortgages in the
vault, but said he had never made one and
had never seen one
1T is fact" said Mr.. Ryan, that those
notes and MORTGAGES were taken to Illinois
to keep the administrator from dividing
them In Carroll county"
Yes" said Colonel Busey, there is no
secret about that Ae wanted to keep you
from stealing our property"
Mr.. Ryan pressed one or two other ques-
tions which The witness did not answer to
his satisfaction. He then said:
Twill you, Colonel, answer my question:"
YES" said the Colonel. Il will if it suits
me- 80 -,
sarcasm. Ought to be courteous"
Il will be-" said the witness Ito gentle
man,
The attorneys for the defense introduced
several documents on record III the Su-
preme Court. and other evidence showing
that the property in the vault includes
notes and mortgages which should be col
lected at law at once to avoid lose. The
commissioners asked them not to file any
papers not absolutely essential, as the case
already presented great deal of work.
The wife of Colonel Busey was o spectator
at this session of the board.
Otto Gresham. attorney for the Chicago
x Erie, made q statement concerning the
he showed why, as he thought, it should
be- assessed at not more than S2l 900 per mile
at W hich sum it could be duplicated. AT
present it is paying taxes on S29. 600 per
mile. The road, he said. has not been Q
pay ing investment.
The board heard plea from Captain
Coulter president of the Farmers Bank, at
Frankfort. His county board had assessed
| it for taxation at Sl20.000. 1t was worth,
he said. Sl25. 0C0 but the injustice comes In
in the inequality with the assessment
Of other property in tho county;
rated it as class, without reference to the
| equality OF taxation with other property.
He woald be satisfied, he said. with an ap-
praisement at 100000, though to be on an
equality with other property the assess
ment should not be over $4,000. Commits.
sioner Walker suggested that land in Gin
| ton county is assessed at S34. 90 an acre. and
| inquired how much land in that county 10
| worth $50.
Thousands and thousands of acres"
was the reply.
But how many acres" interposed Gov
| Chase. ''are there which are worth less
| than $50 an acref"
Not one" was the ready answer. II
will agree to pay that price in cash for any
| quarter section in the county"
Hon. Warren q. Sayre appeared for the
| Citizens Bank. of Wabash, which had been
| listed for $4,000 of treasury notes. 1t was
| averred that this money constitutes the
reserve fund of the bank. which is a part
nership, and not corporation. and had
| been accommodating for q dozen years. It
| had not been used for several years in
any way, aud under the law, which
| eXempts greenbacks from taxation unles 81
used to avoid taxation. Mr.. Ssyre argu ed
| that the county board had erred In insist
| ing on putting this money on the duplicate.
| The cashier of the bank as present and
| was asked by the board to put his state
| ment under oath. 1t was given out that
| green backs or treasury notes are not tax
| able unless taxable property has been
| temporarily put in that form TO escape