The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-06-22

The opinion or Judge Edwards IN the
injunction proceedings against County
Commissioners S. w. Roberts, Giles
Roberta aud John Demuth and County
Treasurer d. w. Powell by the Lscoe
81 Shiffer Coal company and the Green
wood Coal company was handed down
yesterday afternoon, The plaintiffs
are the lassess Of certain tracts of coal
land in Llckawanna township owned
by the John Brown heirs and the es.
tates of William Ball and Black Hall,
comprising an aggregate Of 113 acres.
On June 6. 1892. William Springer,
Of No. plane, went to the commits
sioner's office and represented that he
was the proper person to whom these
acres should be assessed and according
ly Clerk John Il. Williams assessed the
property to him. Springer neglected
to pay the taxes and his scheme was to
get possession of the tract when it
would be disposed of at shsriff's sale.
The company had paid the taxes and
through their attorneys application
was made to court which was granted,
for preliminary injunction restrain
ing the sale.
Yesterday morning the matter came
up before Judge Edwards. Charles H.
Welles appeared for the injunction,
and in the absence of ex. Judge Knapp,
the county solicitor, Attorney A. d.
Dean. appeared for the commissioners.
MIR. WILLIAMS STATEMENT.
John F. Williams, clerk to the coun-
ty commissioners, swore that on June
6, 1892, Mr.. Springer came to the office
OF the county commissioners and asked
to have this property assessed to him,
Springer himself fixing the valuation
at $1,000. The entry was made on the
assessment book of William j. Davy
assessor. and Dewitt Stanton and John
S. Metz assistants.
County Treasurer d. W. Powell testi.
fed to the return Of Joseph Davis, tax
collector, of these unpaid taxes. The
total tax was $a47 "a. OF which $35 05
were for county tax; 50 33 for bridge;
$119 10 for school; $jG O5 for road. and
$3j OF for poor taxes. The sale was
advertised in accordance with this re.
turn.
Mr.. Dean who represented the county
commissioners, said he had nothing to
sustain the sale. He examined the law
dealing with the question but could
find nothing to make legal this sale.
The present county commissioners. who
had nothing to do with the affairs Of
the county when the entry was made
deemed it proper for the court to strike
off the assessment rather than they
should do 1t themselves, He did not
believe the assessment was legal, nsi-
ther did the commissioners and there
fore they would make no effort to sus-
tain it.
The attorneys decided to submit the
matter to the court to be decided by a
written opinion. The hearing was de-
clared to be final. The precedent that
this case establishes is an important
one. In his opinion Judge Edwards
says the proceeding was not only lille
gal but even criminal He said in
part:
QUESTION INVOLVED EXPLAINED.
The only question involved in the case is
the legality Of certain assessments appear
ing upon the assessment books of Lacka-
wanna township for the year 1892. II ap-
pears that on June 6, 1892, one William
Springer came into the office of tie
county commissioners an asked the clerk
to enter on the assessment book for said
township an assessment on 113 acres of
land at S62 per acre.
The clerk complied with his request,
making the following memorandum: As
sessed to William Springer at his request
June6, 1892 This assessment was not
made by the assessor Of Lackawanna
township nor by any Of the assistant as
SCISSORS nor by the county commissioners
sitting as board OF revision. BY the act
Of April %, 1868, it is provided If any tax
able real estate is omitted from the trien-
nial assessment, the assessor on notice
thereof shall forthwith assess and return
the same to the county commissioners Of
flee, and this assessment shall be subject
to appeal and shall continue till the next
triennial assessment.
WHAT THE LAW SAYS.
In the eighth section of the law of May
q, lS4l it is enacted that, ut shall not be
lawful for any commissioner or commits
sioners Of any county, or for any other
person in his or their behalf, to add any
name or names to the duplicate return or
list of taXables made or furnished by the
assessor or assistant assessors Of any town
ship, ward or district"
The same section provides penalty of
$780, as well rs removal from Office for
violation of the provisions Of this acc
ton. The preliminary injunction hereto
fore granted in this case is hereby made
perpetual and the commissioners Of Lack
awanna county are directed to strike off
from the assessment book of Lackawanna
township for the year 1892 the illegal entry
nam nj o;nod ~ in tho rlointifffs h,1i