The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-17
HASKELL SETTLES IT
Markley & Armstrong Are Employed
by the County Commissioners.
THE ATTORNEYS OPINION
Now the Men VIII Go to Work and
Collect Old Unpaid Taxes
and. IL Is Said. Make
Lots of Money.

| j. r. Markley and w. II. Armstrong
yesterday came out victorious in their
hard. fight with the county commission
ers for a contract to furnish a list of all
the unassessed property in the county
from the years 1889 to 1895 inclusive and
to furnish a present ownership book OF
all taxable property in the county.
County Attorney Wines told the COM
missioners that they could not law
/ fully enter such a contract and that il
was not to the best interests of the
! county to do so. The commissioners,
/ however, referred the question to At
torney General Haskell and submitted
to him a form of the proposed con-
tract. Yesterday an opinion was re-
ceived from him to the effect that the
commissioners did have the right to
enter into such a contract.
The opinion covers eight typewriter
pages and a lot of law is quoted. He
says the laws Of this state enumera-
ting the powers conferred on county
commissioners is taken from the codes
of California with the addition of sub
division %, section 1890 of the political
code, which gives commissioners power
ito represent the county and have the
care of county property and the man
agement of the business concerns of
the county in all cases where no pro-
NlSlOn Is mace Dy law.
Under the California law the SUI
preme court of that state decided the
commissioners had not the power to
enter into a contract with private par
ties to collect taxes, which duty was
conferred on officers of the county
and the commissioners have no power
except that designated by law. If II
were not for the subdivision above
quoted, says the attorney general he
hA nn1r f1~of Inc 10 fl.o
missioners have no power to enter into
such a contract, but that subdivision
must decide ii otherwise. A similar
provision, he says, was passed on by
the supreme courts of Washington
Oregon and Iowa, and under them it
was held the commissioners had power
to make such contracts and, as agents
of the county, may employ experts to
examine books, employ persons to
make compilations, transcripts, etc
The attorney general concludes his
exhaustive opinion as follows: Under
the provisions OF section 1892, which ex-
pressly authorizes and requires the
furnishing of maps showing the pr1-
vate lands owned or claimed in the
county by the county commissioners
for the use of the assessor and the
provisions Of subdivision % which is
similar to sections of the codes Of
Washington, Oregon and Iowa, and
which has been expressly passed upon
by the supreme court in each of those
states where IL is held that the board
of county commissioners has power to
enter into such a contract as is submit
ted herewith. and as the code of Cali
fornia has no such provision as said
mentioned subdivision %, we conclude
that the board of county commissioners
of Silver Bow county is authorized I'M
der the provisions of said mentioned
subdivision to enter into the contract
herewith submitted"
County Attorney Wines, notwith-
standing Haskelrs opinion, still OPP
posed the contract. but the commission
ers finally decided to accept the attor-
ney generals view of 1t and entered
into the contract with Markley e.
Armstrong. BY its terms the gentle
men agreed to furnish the county list
of all property that has escaped taxa
ton during the years 1889 to 1895, in
elusive, and to make up a present own
ership book of all property in the
county within six months. The con-
sideration will be IL mills on the dollar
of the assessed valuation Of such prop
erty that has escaped taxation and
which can be collected, under law, the
commissioners to take the necessary
steps to make the collections. During
the progress of the work they will re-
CelNe from time 10 time Sucn sums as
is represented by the proportion of IL
mills on the dollar of the amount col
lected and IL is distinctly understood
that they are not to receive a sum
equal to IL mills of the assessed valu-
alton of the property in the county but
only on the unassessed property for the
years named and then only on the
recovered. OF the amount to
be paid, however. $4,000 shall be ad-
vanced by the county during the per-
Torrance of the work at the rate of
500 a month for each person employed
on the work, the payments to be ap-
piled on the contract. The contractors
are required to put up $4,000 bond for
the faithful performance of the work.
1t is stated that they will make from
So. 900 to $4,000 out of the contract.
The commissioners yesterday award
ed to Bennett Bros. a contract to pro-
vide the county with an ambulance
for s265. that being the amount Of their
bid. Barrett & Jacky made three bids
of s4S2 1872 and 500.
An order was made that the sheriff |
be notified to work all male prisoners
in the county Jail under Judgment !
They are to be worked on the rock pile |
In the city stockade eight hours a day
from 10 10 O'Clock and 1 to o'clock |
each day except holidays and Sun |
days. The order is to go into effect as |
soon as the sheriff is furnished with |
the necessary chains and handouts.
The commissioners drew their pay OF !
sl04 each for their services for l3 days I
and then adjourned until the first Mon |