The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1893-11-02

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said taxes, and in disregard of his Of
fetal duties. tried to induce the said
auditor to endorse upon the said deed
the false certificate" Mr.. Anderson re-
fused to make the endorsement, and
in June, 1892, Mr.. Madigan, "for the
purpose Of preventing the collection of
the said tax, employed JIM. Thomp
son, of Sleepy Eye, to bring en- action
against the county auditor to secure
mandamus compelling the auditor to
make the endorsement, Mr.. Madigan,
in his Official capacity, appeared in
said action as attorney for the auditor
for the ostensible purpose of prevent
ing the issuance of said writ, but for
the actual purpose of cooperating with
the said Thompson in procuring the
issuance of the same, aud the prevent
ing of the collecting of said tax, and
the said proceeding only failed by the
manifest illegality of the claim that
the said taxes were not a charge
against said lands, and the refusal of
said court to issue the said writ" In
February, 1893, Mr.. Anderson again
published the list of delinquent taxes,
including those on Goodman's lands,
gave the required notice, after which
Goodman appeared and made answer
that the right to collect and enforce
the payment of the taxes was barred
by the statute of limitation. This an
swer was made by Fayette Marsh,
Goodman's attorney, land Mr.. Madi-
gan, pretending to act as the attorney
for Redwood county, entered into a
stipulation whereby he stipulated, in
behalf of Redwood county, to submit
the matter to the Court upon stipu-
lation" claiming that no valid judg-
ment had ever been entered for the
taxes, and that the question would be
submitted wholly upon the statute of
limitation. The court found, ,neces-
sarily, the commission alleges, "that
the collection of all the taxes men
toned in the delinquent tax list for
each and every year therein mentioned,
upon all the lands described in the de-
fendant's answer is barred by the stat
ute of limitation. and the plaintiff can
not recover said taxes, or any part
thereof" and orders that judgment be
entered accordingly.
"That in the said proceedings the
said county attorney, in disregard of
his duty as such, and for the manifest
purpose of aiding in the prevention of
the collection of the said taxes, cor
ruptly and wilfully failed and ne
elected to properly set forth the ma
terial facts in said stipulation, especial
ly in relation to the fact that the action
mentioned for the quieting of the title
to said lands,and that judgment there
in had been rendered declaring said
judgments against the said lands to be
void at the time hereinafter mentioned,
and the failure to do so,excluded from
the consideration of the court, the
merits of the claim of the said county
that said taxes were not barred by the
statute of limitation. That in all the
proceedings hereinbefore mentioned,
and in all matters pertaining to the
efforts of the county, and the county
officials to enforce the payment and
1 collection of said taxes the county at
torney wilfully and corruptly used all
his personal, professional and official
influence to prevent the same. That af-
ter the said decision of the court the
Board of County Commissioners, by
resolution, resolved to have the said
proceedings certified and reviewed as
authorized by the Supreme Court, and
while the Board was considering this
subject, Mr.. Madigan, to further
wrongfully prevent the collection of
the taxes appeared before the said
Board of which Mr.. Anderson was act
ing as clerk, produced the aforesaid
deed from Goodman, and demanded
Of the auditor again that he make the
proper endorsement, and then and
there declared that he was the attorney
for Goodman, in relation to the said tax
proceedings, and Mr.. Madigan was at