St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-24
.REARDON VERSUS BURNS.
FORMER FILES CHARGES WITH GOV
ERN0R AGAINST THE AUDITOR.
ALLEGING uALFEASANCE I'M
OFFICE.

The Text Of the Document-The
Alleged Dereliction in the
Personal Tax Collection -
Names of Parties Who Were
Favored-The Governor Asked
to Investigate the Charges.
The public will recall that County
Auditor James Ii. Burns recentIyb egan
suit against Assemblyman Timothy
Reardon, asking for $4,000 damages for
SANDER Reardon put in his reply in
court, but he now has another inning
by presenting the following document
to the governor, which he did yesterday:
TO His Excellency, the Governor of the
State of Minnesota:
Now comes Timothy Reardon, your
petitioner, and respectfully states and
shows:
That during ali of the times hereins
after mentioned flames Ii. Burnes was,
and still is, the duly elected, qualified
and acting auditor of Ramsey county,
Minnesota, and, as such auditor, is
charged with certain duties in connec-
ton with the levy and collection of the
personal property taxes levied and col
lected within said county of Ramsey.
And your petitioner complains and
states that during the year 1898 said
James H. BurneS was guilty of NAL
feaSance in office in connection with
the collection of the delinquent personal
property tax levied in said county Of
Ramsey for the year 1892, in this, that
on the first day of April 1893, the treas
urer OF said county of Ram sey, as pro-
vlded by law, duly made list of all the
personal property taxes remaining un-
paid and delinquent in said county,
which said list was duly delivered 10
the sheriff for the collection of said
taxes.
That thereafter, as provided by law,
said sheriff, on the 1st day of June,
1898. duly reported to the board of
county commissioners of said county Of
Ramsey the names OF all the persons
from whom he was unable to collect
such delinquent taxes as aforesaid; and
that thereafter the clerk of the board of
county commissioners duly delivered
county commissioners proceeded to can
eel such taxes on said list as they were
satisfied could not be collected. and then
and there on the 9Th day OF July, 1898,
said board of county commissioners duly
directed that the proper officers should
proceed to obtain judgment against, all
persons on said list except such names
as were stricken therefrom by said
board of county commissioners.
That among other ma tines upon said
Hist so returned tosaid board of county
commissioners by said sheriff were the
following: -..ss .,.lsee
District No. 1. C. j. McDermott. .s10.SO
District No. 2, MeDermOtt IL Kin
seila. ............... % SO
| Z. j. McDermott, ....,.......... 21 27
District No. 4. James j. O'Lealy. 16 81
District No. s. Andrew Lauer.. % 80
That said names were not stricken
| from said list of said board of county
commissioners, but on the contrary the
proper officers of said county of Ramsey
were by said board directed to proceed
to obtain judgment against all of the
| aboye-named persons on account of said
taxes so delinquent as aforesaid.
That said board of county commits
sioners thereupon delivered said list to
said County Auditor James II Burnes,
and it then and there became the duty
of said James II. Surnes to file the same
with the clerk of the district court of
the Second judicial district of the state
of Minnesota in and for the county of
Ramsey for the purpose of enabling
| said clerk to issue orders to show cause
against all of the persons in said list,
requiring them to show cause why
| Judgment should not be entered against
| them for the amount of said taxes.
Thatafter said lists were by said board
! so delivered TO said county auditor,
| James H. BurneS, aforesaid, he (said
James II. Burneslwrongfully, unlawfully
| and corruptly and for the purpose of
| enabling said persons hereinbefore
named to escape the payment of said
| taxes. erased from said list so delivered
| to him as aforesaid the names of all the
persons without any warrant or author
| ity therefor whatever, and then and
there as aforesaid, and with the afore-
said intent, wrongfully. unlawfully and
corruptly altered, mutilated ana fraud
| emily changed said lists by the erasure
| of said names as aforesaid.
That in consequence thereof, and by
| reason of said wrongful erasure, as
aforesaid, no citation or order to show
| cause was issued against any of said
| persons as provided by law; nor did
any of said persons pay their personal
| tax levied against them as aforesaid ;
| nor was any Judgment obtained or at
! tempted to be obtained against any of
said parties.
| Wherefore, your petitioner prayS that
your excellency will cause the proper
officers of the state of Minnesota to i'm
mediately investigate the charges here
in contained; and, if the same are
found true, Ihattsaid James IL. Burnes
be removed from Office of county audit
or so held by him aforesaid.
! TIMOTHY REARDoN, Petitioner.
| The usual affidavit is appended.
The governor was absent from the
| city when the document was filed, and
| consequently no information could be
| obtained as to the probable action of the
| executive.
| Mr.. Reardon was called upon by a
| GLOBE representative, but declined to
| go into any general talk for publication.
| He said he had signed and filed the
| charges against the auditor. and now
| awaited results. He had seen the gov
| ernor some days ago on the subject, but
| had not seen him since the charges were
| formulated.
| Pensions and Postoflices.
| WASHINGTON. Feb. 25.-PoStmasterS
| for Minnesota: W.P. Christensen, Olivia,
i Il A,1.lA.s t.