The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-01
TAKEN INTO COURT
Proceedings in the Controversy Over
Anaconda'S Tax Levy.
SUIT BROUGHT BY Mr.. BECK
County Treasurer Hallahan Or
dered to Show Cause on Jan. 10
Why He Shouldn't Be Re-
strained From Selling.

conda has finally reached the courts.
1t dtd not come In the nature of q sur
prise. az II was well known for some
time that few of the heaviest tax
payers in the city of Anaconda had
Joined issues to defeat the 5-mill levy
made by the city council for fire, light
ana water purposes. on the grounds
that the same was contrary to law.
Ine proceedings instituted to-day II
on complaint of d. r. Beck, through
ms attorneys. Shaw. Rodgers and
George b. Winston. Judge Brantly is
sued an order directed to d, r. Halla-
nan. county treasurer, requiring him to
show cause before HIM on Friday, Jan.
10. why an injunction should not be is
{ SUED restraining him from selling GER
Z oain property alleged to belong to the
piaintih, and which plaintiff alleges
\ VIII be sold for delinquent taxes.
The complaint filed in the case al
leges 'rhat at all 1.-THE times hereinafter
! mentioned the plaintiff was. and Is
I now, a resident of the city of Anacon-
ia, In the county of Deer Lodge, in the
state of Montana, and the owner of
; the Following described property, to-
: VII: Lot No. 10 in block No. In said
Guy. the south so feet of lot No. 2 in
pfock No. in said city, and lots num-
! bered 70 and % in block numbered in
! said city. ALL of said lots and blocks be-
: Ing numbered according to the plat and
, survey of said CITY, on file In the office
OF the county clerk and recorder of the
said county of Deer Lodge. Also $3.50
, in notes and mortgages on and against
property located In said city. said prop
: erty being taxable in said city and
county, That said property was as
ssssed by the board of county apprais-
ers or the said county of Deer Lodge
by the assessor of said county OF Deer
Lodge and by the state board OF equal |
izatton OF the state of Montana, at the |
sum Of $7,743
That there was ievded upon and |
against all the property situated In |
said state. including the property of the |
plaintiff above described. by the Fourth |
Legislative assembly Of the state of |
Montana, for the year 1895. q tax of pa |
mills on each dollar of THE valuation of |
the taxable property of the said state
That the board OF county commission
ers OF the said county of Deer Lodge.
on the second Monday Of August, 1895,
levied upon all the taxable property
situated In said county, including the
property OF the plaintiff, for the year
1895. tax of IL mills on each dollar of
valuation OF the said property situated
In said county. for county purposes
That among other taxes levied
against the property of the plaintiff,
the said city Of Anaconda, in the said
county OF Deer Lodge. for the year 1895.
tax OF II mills on each dollar of val
uatfon OF all taxable property situated
IN said city: including the property of
virtue of the following resolution pass
ed BY the said city council OF the city
OF Anaconda on August 18th. 1895, to-
wit:
Resolution No. 7-Resoiution levying
annual taxes for the city. Be II re-
solved by the oity council of the city
OF Anaconda: Sec. 1. There shall be
levied upon the taxable property with
In the city for the year 1895. for gem
eral municipal and administrative pur-
poses. 10 mills. Sec. 2. There shall be
levied upon the taxable property with J
In the city for the year 1895, for fire.
light and water, I'VE mills. Sec
There shall be levied upon the taxable
property within the city for the year {
1895. for providing for the payment of !
bonds OF the city, two !
Approved August 18th. 1895. I
a,.4l w. NJ. Thornton, Mayor. =
Z Attest: T. O'Leary, Clerk 9
That among the taxes levied by the :
aid city council of the city of Anacon-
la on the said 18th day of August, 1895. 7
Is VIII appear from said resolution,
vas tax OF five mills for fire, light I
md water purposes.
That there was also levied against
he property situated in school district !.
No. 10. in said county of Deer Lodge.
which school district is situated the 6
aid city of Anaconda, a tax of 10 mills 2
N each dollar OF valuation of all the =
property situated in said school dis
riot, including the property of the =
'lafntif above described
That the amount of taxes standing Z.
n the assessment roll Of the said coun-
OF Deer Lodge against the property =,
the plaintiff is s331.1S: that of said y
mount the sum OF sSS.72 is unlawfully b
nd wrongfully charged on said assess y
1ent roll against the property of this
laintiff. in this, that the said pretend .,
levy OF five mills made by the said
lily OF Anaconda in section 2 of the S,
esolution above set forth for fire, light lie
nd water purposes, was made by said
Ity council without authority of law. Ia
nd Is illegal and void. a,
That the plaintiff on or about the d.
18th day OF November 1895, applied TO
he said city council of the city of An
conda, to have the said five mill tax
WED by the said city council against
he said property of this plaintiff for
re, light and water purposes, remit
a, but that the said city council re-
lsed to remit the same
That on the 30th day of November. Ju
30 the plaintiff rendered to the de-
ndant herein, as treasurer Of the said
'unty of Deer Lodge, the sum of
%. so. which plaintiff alleges to be the
'rrect amount OF taxes due from him
the said treasurer of said county "
r all state, county and city taxes le- da
llly levied against the property OF the ga
aintln above described; that the said gu
fendant refused. and still does re-
Sc, to accept the said sum of s292. 90
That the plaintiff has always been.
IA Is now ready and willing TO nav
e said sum Of 1922. so TO the said d. IN
ndant and now pays into court for -
e said defendant the sum of 500. so WI
nich plaintiff alleges 10 be the cor WI
CT amount OF taxes due from him TO w,
e said treasurer OF the said county.
all state, county and city taxes
w1ully assessed against the property
the plaintiff above described. Plain
Iurtner alleges that defendant, as
has declared the taxes ~ r
= plaintin delinquent. and has added 4.