Capital journal. (Salem, Or.) 1893-1895, 1894-07-31
PORTLANBS DOODLE SHERIFF
Sued, Together With His TIVE
BOndSmen,
TO THE AMOUNT OF YHFIR BOND
Four Hundred Thousand Dollars
and Interest.

The suit commenced against Penum-
bra Kelly, ex-sheriff, and George b.
Markle and Z. B. Mcfarland. sureties
on his bond, is for the sum of 800 900
and interest at the rate OF per cent.
per annum from August l, 1893. The
complaint after setting out that ut all
times mentioned Penumbra Kelly was
the duly elected sheriff of Mulinomah
county aud ex.officio tax collector Of
said county, further alleges tnat on
April 3, 1898, at its regular April term.
the county court levied tax fr county,
school, road, state and port of Portland
purposes of 193 mills upon all taxable
property within Multnomah county,
the aggregate amount of the taxes
levied being 81, ,243, 1870 80. That on the
2sih day of March, the county court
made an order directing that the sher
If, before entering upon the duties Of
collection of taxes, should execute
bond in the sum of S4OO, 900, conditioned
for the faithful performance of th,
duties of tax collector, and that on
March 80, 1893, Penumbra Kelly made,
executed aud delivered and acknowl
edged as principal, and George B. Mar
kle and E. B. Mcfarland made, ex'-
outed and acknowledged as sureties, a
bond in the sum of 100000, binding
themselves jointly and severally.
This bond was approved by ]. {.
Moreland, then county judge, March
81, 1893, and filed April l, when the
clerk of the county court delivered to
Mr.. Kelly as sheriff and ex-off1cio tax
collector the tax roll of Multnomah
county for the year 1892, together with
a warrant for a collection of the same
attached thereto, commanding him to
collect the taxes aud 10 pay over all
moneys collected by him to the county
treasurer of Multnomah county.
The complainant alleges that in pur-
sUance of this warrant Mr.. Kelly as
tax collector did between March %
1898 and August |, lS93 receive ard
collect as such tax collector various
sums amounting in the aggregate to
about the sum of $500, 900, of which be
paid to and turned over to the county
treasurer about the sum of $4S3, ,353 06,
but on breach of his trust failed an6
neglected to pay over to the county
treasurer as by law required the sum
of $3l6. .64994 of the moneys collected
by him as taxes for the year 1892, and
in failing to do 80 violated and made
default in the conditions of his bond.
That on July %, 1894, H. II. Northup,
county judge of Multnomah county,
and Philo Holbrook and II. s. Stone,
county commissioners, constituting the
legal and acting county court, made an
order directing w. It. Hume, district
attorney, to institute proceedings
against Penumbra Kelley, George B.
Markle and E. B. Mcfarland to enforce
the conditions of the bond and collect
the penalty thereof.
That by reason of the premises there
is now due and owing from the defend
ants TO the state OF Oregon the sum Of
$4OO, 900, and interest thereon at the rate
of per oentum per annum since Aug.
l, 1898, no part of which has been paid
and the whole of whioh is long past
due.
Wherefore plaintiff prays judgment
against the defendants and each OF
them jointly and severally for the
amount of the bond and interest.
The shortage is the amount of county
funds deposited by him in the Oregon
National bank, which failed, leaving
the money On deposit, This bank l.
now in the hands of a receiver, acting
under the United States court.