The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-11
Jockey HAS A REQUEST.
He Wants Relief From the Penalty
OF Resisting Payment Of
His Taxes.

Tho City Attorney Does Not
Think It Can Be Legally
Done.
Com mmittee Will Inquire Into tho Mat
ter and Report at the NeHt Meeting
Other Proceedings.
Massena Bullard, representing Richard
Jockey, appeared before the city council
Inst night in behalf OF that gentlemen and
his tax matters. He said the council WAS
already familiar with the litigation between
Mr.. Lockey and the city, In which the city
came ont best. His taxes, amounting to
over $500. he was now ready to pay, 40
we'll 80 the 10 per cent penalty, II the coun-
Gil saw fit to enforce il. He desired, how
ever, to call attention to the fact that thers
were things which would warrant the city
in emitting the penalty. Under the change
from territorial to stats laws, there were
serious questions as TO the power Of the city
to collect taxes at all. II Mr.. Lockey had
not raised the question somebody else
would have done SO. Tho settlement OF the
question was worth something to the city
anyhow. Tho litigation raised by Mr.. Look
ey was not vexstious. but to settle the quss-
tions involved. Mr.. Bullard stated that Nr.
Jockeys taxes had been double in 1890
what they were the previous year, and had
again doubled in 1891. while his income
from rents decreased. These facts were cited
f0H oSu&t
city had been put to no loss or delay. but
had been benefited. There was another
point. The city had employed Gov. Car
penter at q cost of $500 to assist the late
city attorney, A. J. Craven. and was now
seeking to recover that amount from Mr..
Lockey. On general principles. be Thought
the city paid an attorney to conduct its
business and ii was not right to charge .
private citizen with the cost Of employing
assistance. As a distinct proposition, M.
Lockey had this to say: He would charge
the city or county with every dollar hs
considered himself wrongfully deprived Of;
when public improvements were eontsm-
plated, requiring assistance, he would pay
his share by crediting TO the enterprise
what he thought had been unjustly exaotsd
from him.
City Attorney MoIntirs was asked his
views on the Of matter. He said Mr..
Lockey was in peculiar position. He had
! refused to recognized the council ~ Q
board OF equalization. or to pay the taxes
| assessed to him. and had gone to the court.
him on every point. The penalty imposed
upon every other citizen who did NOT pay
his taxes before Dec. 81, Mr.. Jockey was
nov seeking to avoid. The city attorney
said it seemed to him there was not Q
particle of justice in the request. Mr..
| N1nv had fEn@ khn oil 1oo
that he would not pay his assessment for
opening Lawrence street until after a bitter
law suit. He had not paid his Lawrence
street assessment yet. and was not in .
favorable position to ask anything of the
city. In justice to Mr.. Craven tho oity at
torney said that while an officer in his posi-
tlon was expected to look after such cases,
yet il the council saw fit to give him assist
ance. they evidently thought it matter Of
great Importance and necessary. Yet il
the city council had seen fit to pay $500 for
| assistant counsel. this council had NO riRhs
to throw off that amount in Mr.. Jockeys
favor. They would have just as much right
to vote MIR. Lockey a gratuity to the same
amount ss to relieve him of the 10 per cent
penalty and the $500 expense incurred for
counsel fees.
Alderman Morris thought the $500 might
be thrown off, but did not think the 10 per
cent penalty should. Alderman Llssner
I took exactly the opposite view. He wanted
to insist on the payment of the $500 ex-
pense the city had been put to, but WAS
per cent penalty on the ground that the
city had lost nothing by the taxes not be-
ing aid ut first. Alderman Walker OBJ
jectcd to relieving Mr.. Lockey of anything.
He didn't believe Mr.. Lockey had brought
the suit for the purpose of benefiting the
city, but purely for the benefit of Lookey.
The city attorney again suggested that the
council could not legally relieve Mr.. Jockey
of anything. If it struck off the 10 per
cent the other citizens who had to pay il
might object. The $500 attorney fes was
something that the successful litiRant in
every injunction would have right to COL
lect and would collect The entire matter
was referred to the committee on judiciary
and the city attorney to report on next
meeting.
City Treasurer Walker sent communi-
cation to the council. saying that owing to
the unusually heavy business consequent
upon the collection OF taxes within the
past ten days, he had been unable to rrs-
pare detailed report, bat would make
full. itemized statement of receipts and
disbursements for each fund with h.s quar-
terly report. The report which he fur
nished for the month OF December showed
the following receipts: Balance on hand.
Dec. l, $i3. .604Sl; licenses collected in De-
cember, Sl.727.50; police judge. fines. ETC..
SI.l5; cemetery rent, $50; return OF pre-
Liiuh oli lunutHuSS. Vc..Ao' ieht Va huui.
toriuin, $60; house drainage licenses, Sl2.50;
sewer permits, $40; building permits. SS, 80;
return of costs III Hockey suit, $30.55; du-
plicate warrant returned, $40; Maiu street
paving, $l,05Si7; taxes collected, $780,
73S0s; total, $l77.5SS,GG. The disburse-
ments were: Account Main street paving,
S1.030.72 street fund, 1925; interest
and sinking fund. $50; warrants
on general and fire fund. $S.425.S0.
total 50 611.52. Balance On hand Dec. 81
last $lG7, ,975.14. The report WAS placed Oh
file. Mayor Curtin remarking that it should
have been more detailed. In connection
with the affairs of the city treasurer's Office
Alderman Howell introduced a resolution.
which was adopted, requiring that officer
to issue checks to all persons having ''cash'
warrants, He said that during the rush re-
Gently the city treasurer had simply at
taohed a slip to the warrants saying they
would be paid at the Merchants bank.
There was nothing wrong with this but II
WAS bad business methods. Another reso-
luton by Alderman Howell was adopted,
directing the treasurer to call for all the
fro fund warrants outstanding and $50, 600
Of warrants on the general fund.
The fire marshal, i'll his monthly report,
called attention to the mischief done with
the fire alarm system by boys. In one case
they had smashed III tho door OF box by
throwing stones ut it. In another they had
succeeded in breaking the wire leading
from the main wire to the fire box. This
rendered ono of the swo circuits useless uu-
. Ia. ka~r I1 Ia 49,