The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-25
Jockey MUST PAY It ALL.
The Council Will Relieve Him Of
Neither the Penalty Nor
Counsel Fees.
Report OF Treasurer Walker and
an Explanation by this
Mayor.
Alderman Morris Wants Helena TO In
corporate Under the General state
Laws-Other ProcssdInga.

Laws-Other Procssdinga.
The city council decided last night that
Richard Lookey must give up tbs smouns
of penalty sxscted for not paying his taxes
before the end Of the year, and the $SO
which was paid out for extra counsel fees
in fighting the injunction against tue treas
urer. The matter game up on the following
report from Aldermen HAnley and Rocco Of
tho judiciary COMMITTEES and City Attorney
Mclntire:
"Wo your special committee. consisting
OF the committee on judiciary ana the City
attorney, to whom was referred the matter
Of Mi. Jockeys application for a rebate OF
the penalty on last years taxes and the
attorneys fee paid by the city in defending
the case of Jockey va. Walker last year.
respectfully report that your committee 10
Of tho opinion that the 10 per cent penalty
which 10 BY ordinance ordered to be added
to aay taxes not paid before the 31st day Of
Dscsmher in zach year should be enforced
in all cases Of delinquency. md We doubt
the legal right of the council to throw off
the penalty in one case while 1t is collected
in all others; and especially in this case
whore after a long and bitter fight to the
highest court of the state the city only sue
C6Guo j u ktGtlIsk VI IlAAtS nv bhu AoWs
1.-The matter Of the $500 attorneys fec
paid by the city council to Gov. Carpenter
to assist the city attorney in dissolving the
injunction obtained by Mr., Jockey against
the city treasurer we think stands upon the
aams footing. The city is entitled TO re-
cover that back as a matter Of Law. ana
having paid out that amount Of the public
moneys it is the duty of the City council to
recover il back for the benefit Of the tax
payers at large.
80 throw OF the penalty OF 10 per nent
for delinquency and the $500 for attorneys
fees in this case would, in the opinion OK
your committee, have a tendency to en-
courage other persons to refuse to pay their
taxes and involve the city in litigation on
trivial uuestions; and the law in this case
having been settled by the supreme count
OF the state your committee is OF the opln-
ion that every cent due the city should 90
collected from Mr.. Jockey in the due course
Of law.
"Mr. Jockeys position before this coun-
oil as stated by the city attorney at the last
meeting. in view of the fact that he is seek
ing to evade the payment of his assessment
for the opening of Lawrence street. and
says that he will never pay it except at the
end of a law suit, seems to us to BIO one
that is entitled to very little sympathy from
your body"
The report was adopted, though there
was some opposition to the part about en-
forcing the payment of the $500 expended
for extra counsel fees. Alderman Morris
thought it right to enforce the PENALTY but
not the counsel fees. II he remembered
right the council did not authorize the en-
ployment of extra %counseLt Aldermen
Weber thought the council'had only au-
thorized the mayor and city attorney to
employ the extra Counse if they found IL
necessary. The records were hunted up
and under date Of Feb. 8. 1882. the entry
was found that 1.-The city attorney recon
0ended that the matter OF special counsel
90 assist in the Jockey suit be delegated ia
the mayor and city attorney. to do 80 when
ever they found it necessary" and that the
authority was given. After the reading OF
this extract the council adopted the report
AS q whole. @I VA
City Treasurer Walker submitted a de.
tailed report for the month Of December.
1t shows that balance on hand to the city's
credit on Dec. / was $43, GOA. 81 city Licenses
collected du:inR the month, $l.722. 90; re-
oeipts from taxes, $3.50, 73S.08; other miseel-
laneous receipts, $1.52l.27; total. $l7Z-
$50 .66. The disbursements Of account OF
the various funds and interest on bonds
were $9,611.52; leaving balance on hand at
end OF month, $l67. 975.1 Accompanying
the report is a detailed statement of the
receipts and disbursements On account of
the different funds, showing the following
balances on hand Dec. 81: Gene al fund,
$66, 1929. "a; redemption fund, $1.342. 26; in
terest and sinking fund. $41,o57.61 street
fund. S3. 233.7 "; sewerage fund, $s7l.32; fire
paving, $19o.59; Lawrence street fund.
g. s5. 80; library fund. $ s,9O1.2s. On mo-
tion of Alderman Howell the mayor, treas
urer and city attorney we're directed to
carry out the ordinance in regard TO in
vestinR the money in the interest and
sinking fund. where it would
the t%reasurer's report Mayor Gu tin said
that at the previous meeting, when that Of
ticer submitted a short statement, he had
remarked on its brevity and what he said had
been mistaken for a reflection or reprimand.
His mi ks were not intended either as a
reflection or a reprimand. In justice to the
city treasurer, the mayor said he had ascer-
tanned that the amount of work in the
t easurer's Office at the close of the last
yenr and the beginning Of thia, was such
that it had been impossible to give a moro
detailed statement than the one furnished.
The treasul er and his assistant had given
the counoil as thorough Il report as they
could under this circumstances
Alderman Morris submitted a set of pre-
ambles and resolutions. which were laid
over for discussion at a future meeting.
They set forth the appointment, some time
ago of a committee of five to prepare
that the committee had concluded the
present charter could not be legally
amended to the extent the city would re-
quirs; and that it is we'll known that the
present city charter is inadequate for the
wants of the city. and that material
changes are needed. The resolutions read
that lit 10 the sense of the city council that
the city di~sincorporate from its present
charter and re~incorporate under the general
incof poration act of the state, and for that
purpose we call a special election for the
ratification or rejection of the proposition"
Alderman Wieeer called attention to the
city %dinan on the subject Of licenses.
He said the word private in the section
requiring all person. private associations or
corporations, to pay licenses. had been held
to apply both to "associations' II cor
por%ations." and thereby exempt national
banks from payment of licenses. He
wanted the council sither,to strike the word
"private" out of the law, or to direct tho
treasurer to rigidly enforce the pay ment of
licenses by national banks. The city at
torney eaid that ii the national banks paid
a license to the county they should pay one
to the city also. Tho only question was
whether, being government institutions.
they should pny any license at all. He will
look the matter up. On motion of Alder.
man Weber the ordinance committee was
instructed to d aft MI ordinance requiring
employment agencies to pay licen aes.
Mayor Curtin said there seemed to be
some difference between tho books of the