The Providence news. (Providence [R.I.]) 1891-1906, 1896-08-08
Deputy Sheriff Hams
School Tax Trouble.
Dispute About Mortgages On
Eddy st. Property.
Strange Case From Narragansett
Pier--Can't Sell Property.

Tillinghast presided. A number OF cases
were disposed OF without a hearing but
those heard took until noon.
The case of James Barlow against
Lorenzo ID. Millard proved an amusing
one, owing the the respondents counsel
claiming that IL the complainant had not
brought this bill in equity nor made the
motion Tor preliminary injunction the
case would have been satisfactorily set
tied. The hearing ended for the day by
both parties and their counsel going to
the bank to try and settle their differ
ences.
The facts in the case, and about them
there was scarcely. any dispute between
Mr.. Millard nor the complainant, Mr..
Barlow, were that Mr.. MiIlard, owns
a good sized tract OF land at the corner of
Nebraska and Eddy streets and sold a
portion of 1t to a contractor named John
Smart, who sold some of il to Mr.. Barlow.
On the land, when Mr.. Millard owned 1t,
there was and is today a mortgage of
Sl2, 900 and on the tract bought ty Mr..
Barlow there was mortgage to Mr..
Millard of s3364. Mr.. Barlow started to
build on his lands and found 1t necessary
to raise money, but found 1t inconvenient
to do SO, owing to the first mortgage to
the Mechanics Savings bank.
Mr.. p. ii. Quinn, one of the attorneys
for Mr.. Barlow, testified that a formal
tender OF a certified cneck for $4,000, and
the balance In cash was made to Mr..
Mil!ard in payment for the mortgage, IL
he would get the bank to release it's
mortgage on the part OF the land Mr..
Barlow had purchased. Mr.. Millard said
IL the money was paid him he would do
SO, but Mr. Quinn, tho was looking
pretty closely after the rights OF his
the payment till Mr.. Millard actually
secured a release from the bank. Inere
was some delay, and Mr.. Quinn fled the
bill In equity.
III. j. Dubois, counsel for MIR. Millard,
asked Mr.. Quip several questions, and
the latter admitted promises To redeem
the mortgages had been made. This led
Mr.. Dnbois to remark that his client had
done all be was obliged to do In the
case.
Judge Tillinghast said that Mr.. Quinn
wanted the thing done he asked for
before the money was paid by his client,
and His Honor intimated that the ideas
OF the respondent as to the Implied doub
OF his word were too finely. spun. His
Honor suggested the parties go to the
bank and arrange about the release Of
the mortgage.
The advice was accepted, but owing to
the absence of the president, there was
more delay in the settlement OF the diff
Guilty.
AN EXTENSIVE GRIEVANCE.
Deputy Sheriff HAMS petition for an
Injunction brought out some amusing
and some intricate points today In regard
to school district law. 1t Is char ged by
counsel opposed to Mr.. Ham that he is
the only taxpayer of School District No.
10 OF the town of Glocester that did not
pay the tax for the handsome new school
house there.
Even IL the tax does include a fiag SINH
lar to the one John Brown swore should
cease to float over slaves, the deputy re-
fuses to pay the tax.
Mr.. Ham refuses to pay simply because
the tax assessed against him, he claims,
was for debt illegally contracted. The
school district named voted TO build a
school house at meeting Mr.. Ham
allows was a legal one, and at still an
other meeting that meets his ideas Of
the law, at which a building committee
was appointed. There were other meet
ings, however, at which money was ap-
propriated for payment OF the contractor
for building of n scnocl house, for grad
ing, for purchase OF a flag and heating
purposes which Mr.. Ham aud his counsel,
Charles II. Page, Jr., claim were illegal.
The charge is that the school meetings
were not called by ;he proper authorities,
as it Is claimed they were called by a
member OF the building committee and
not by the clerk OF tho district or school
committee as the statutes direct. Other
claims made are that the tax was as
sessed for debts illegally contracted and
~that on this account MIR. Harris property
should not bo sold to pay the tax and
that a writ of injunction should be issued
to restrain the collector of the district
from selling II. George L. Brown repre-
sented the trustees of the school district
and hs cited the records TO show the
building committee had been given the
right to call the meeting and also claimed
the meetings were oil legal and that hav-
irg ordered the school built the district
was bound TO pay for IL. and that the
meeting at which the amount OF the tax,
sil2O. was assessed, was n legal meeting.
Judge TiIinghast did not see the
necessity for an Injunction, as Mr..
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