The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-07
HASKELL TO DECIDE
The Markley & Armstrong Bill Re-
ferred to the Attorney General.
1T SUITS WINES ALL RIGHT
There VIII Be Large Sum Coming
to the Men II the Opinion 10 Fa-
vorable to Them-Other AZ
fairs Of the County.

The county commissioners had en-
other round with Markley and Arm
strong and their attorneys yesterday.
but no conclusion was reached and the
commissioners finally decided to refer
the whole question to the attorney gen.
eral for an opinion as to whether or not
the county can legally enter into the
contract proposed by Markley and
Armstrong by which they propose to
furnish the county with present own
ership book of all property in the coun-
ty and include the alleged $925,000 worth
of property that they claim has for
seven years escaped taxation. County
Attorney Wines was present and re-
newed his objections to the proposed
contract by which the contractors want
| II mills on the dollar valuation on the
| property that has not heretofore been
| taxed. as their compensation for the
work. Mr.. Wines said the commission
| ers had no authority or right to enter
| into such a contract and could not d.
vert the county's funds by any such
means He also objected to the form OF
| contract submitted by Markley and
| Armstrong; attorneys and substituted
another form. which he said did not get
around the objection but II was better
| than the other one proposed. The COM
1
| care to assume the responsibility OF
| entering into the contract and would
/ refer the matter to the attorney gen.
| eral, which seemed agreeable to Mark
| ley and Armstrong.
THAT suits me all right" said Mr..
/ Wines, land If the attorney general
| saws il is all right ii will be all right.
"If the attorney general says II is all
right you will change your opinion of
the law" said Attorney Leonard.
mot a Bit" replied Mr.. Wines, but
it will relieve me of responsibility.
The commissioners expect to have an
/ opinion from Mr.. Haskell in few days
and his opinion will probably decide
1.-THE matter. A case identical with the
one that is bothering the commissioners
bothered the courts of Washington a
year or two ago, and when 1t reached
the supreme court, while the contract
was sustained, the county commission
ers were severely criticised for enter
ing into such an unbusiness-hke ar
rangement, as the court termed II. The
contract proposed by Markley and
Armstrong, as stated, calls for a con-
sideration to be paid them equal to l.
| mills of the total assessed valuation OF
all property found to be delinquent. Tit
| Washington supreme court, on con
: ] tract verbatim with the Markley Arm
strong contract, said the contract woul'
| entitle the contractors to the tota
amount out of the first money collect
ed and not merely entitle them to L
mills on the assessed valuation on tn
property which had been collected
upon. In other words, II the contract
ors, for instance, should ind SI5O,OO
worth of property in the county tina
has escaped taxation they would thei
be entitled to the first $4,000 paid int
: the treasury and not simply their /
fah
: might be paid upon, and in this cas-
4 the county commissioners would find
as they are only allowed by law to dis
I pose of four mills out of the whole tax
: alton of % mills for county purposes
that it would then be necessary for tn
county to make good the other 81 mill
| to the state, city, school district an
settled funds. as provided by law an
the county would be loser just tina
q much,s or at least would have to ad
: vance II and run the risk on getting
. back on other collections. The Wash
ington supreme court. on passing ON tn
n merits of the contract used this Ian
:, guage: THE contract made, in view G
r the short time occupied by the plain
tiff in the performance of the worl
r seems to have been so recklessly i'm
?. provident and unbusiness-like a trans
> action on the part of the county com
missioners that we think justice re
: uuires that the county have an oppof
o tunity to avail itself of the allege
= worthlessness of the plaintiffs work.
: 1t is claimed that Markley and Arm
strong would make between $4,000 an
$4,000 If there is as much untaxe
!" property in the county as they claim.
Captain Beck, the blind lecturer. we
before the board of commissioners an
- asked permission to use the court hous
for the purpose of his lectures, and II
y commissioners took the matter und'
!. | consideration.
II A warrant was ordered drawn on II
e general fund in favor of the city trea
urer for $780, to cover the interest G
r the judgment recently obtained by Il
lie city against the county.
Ie