The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-24
NOTHING LIKE THAT
Butte Won't Pay Big Bills for EXraS
Till she Has To.
THEY SAY THAT is THE LAW
Meeting OF the City Council at
Which Quite an Interesting Lot
of Public Business Was
Disposed OF.

BUTTE, Jan. 23.--The city attorney pre-
sented a written opinion at the meeting
of the city council tonight recommending
that the bills which we're sent in to the
council some weeks ago by County Clerk
and Recorder &. Q. johnson and County
Treasurer w. l.. Hill be not paid. Mr..
johnson sent IN a bill for Sl,23i, for serv-
ices alleged to have been rendered to the
city in issuing orders to the county treas
urer to pay taxes TO the CITY treasurer, In
making duplicate assessment rolls. and
for three months salaries working over
time for one week; and Mr.. Hill submit
ted IA modest little bill of $1,000 for col
lccting the city taxes for 1891.
Considerable objection was made to the
payment of the bills and thcy were finally
referred to the city attorney for an
opinion. The report submitted tonight
was very comprehensive and showed
careful research into all the laws bearing
on the matter. The following is part OF
the report:
Section $40. chapter % OF the municipal incor
pCration act makes IL the duty OF the county
clerk To place all such taxes Is are levied by IN
c and an delinquent special assessments on
the tax roll of the county ana the treasurer IS
Obliged to collect the same and enforce pay
mcuJ thereof In like manner as all city ana
county taxes are paid; aud payment
thereof enforced by him; and the county
clerk is required to issue an order
upon the county tire suTer directing the pay
ment Of all city taxes 10 the city treasurer after
each scttlemen on the hrst Monday IN each
month Sections $40, 42S ami 40 provide the
manner OF levy and collection OF general ana
special mum ripal taxes, and make II the duty OF
the county clerk ana recorder 10 place the same
upon the tax roll of the county together with all
other taxes and the treasurer Is Obliged TO col
lect the same as part OF his official duty ana pay
the same to the city treasurer.
1,
ment by the city 10 either the clerk and re-
cordeT or the treasurer for the performance OF
duties therein mentioned regarding the city
taxes, an the act provides that placing munlc-
ipai taxes on the tax roll and the collection OF
the same shan be a part OF their legal duties
aud as the act l. the general Law OF the state
governing municipal corporations, am OF the
opinion that IL becomes the duty OF these
officers to perform the acts shcreln men,
toned and required To be performed
by them respectively. without any Tecompense.
In the matter of the collection Of the municipal
taxes there are no provisions Tor lees 10 De
paid 10 either OF said odcers for any services
that may be rendered BY them To any municipal
corporation, under In general law such as the
CITY of Butte and they have no right or author
ity to collect the same from the city, or 10 de-
mand naymen. thereof. | am therefor OF the
opinion that the city is not Liable for the pay
ment of those claims.
The report was read and fl cd. The fire
committee reported recommending an
electric light be placed at the corner of
Oklahoma avenue and Mercury street,
aud that the sleeping rooms in the Quartz
street fire station be properly fornlshed.
The committee also reported having sold
the old hook and ladder truck to the city
of Phlipsburg for $50, and that they had
had the hook and ladder truck, which was
damaged Tuesday night, repa red Tor so,
and that the ladders which we're damaged
can be made as good as new IN Butte a
great deal cheaper than new ones can be
secured from the factory. The report was
adopted.
CITY Physician Gum entered verbal
objection To the closing down of the Gre
matory, as had been ordered at n recent
meeting of the council. He said that
several loads of garbage arc hauled to the
crematory every day. besides p or 80 car
casses a month, and if the stuH is al
lowed to accumulate il will become a
nuisance. and the city will have several
damage suits on its hands. On his
recommendation the matter was referred
to the finance committee and the health
department.