The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-11
Mr.. WINTERSSAYSN NO
Armstrong & Markley'S Bill Doesn't
Receive the Auditors Approval.
lis REASONS ARE GIVEN
In a Pointed Letter to the County
Commissioners He Says the
Contract Is Illegal-Legis-
lature Makes the Laws.

Notwithstanding the fact that the
county commissioners awarded tc
Markley a. Armstrong a contract To
make up a present ownership book
of property owners OF the county and
to prepare a list of alleged unassessed
property against the advice of County
Attorney Wines, the contractors are not
yet over their troubles, as Auditor
Winters yesterday peremptorily and
positively refused to audit their bills.
In the contract with Markley & Arm
strong. the commissioners agreed to
pay in advance on the contract 800 n
month for each person employed on
the work. Three persons have been
working on III about a month, and I'M
der the contract $500 would be due, but
1t has been stated that the county at
torney would enjoin the treasurer from
paying the claims and the bills were
not presented. Yesterday. however,
evidently for the purpose of testing the
matter. claim for $50 under the con-
tract was presented to Auditor Win
tiers and he returned IL TO the commits
sioners accompanied by a communica-
tion in which he said:
ut becomes my unpleasant duty to
return TO you herewith without my ap-
prevail a bill OF Messrs. Markley &
Armstrong. The bill has been present
ed TO this department for services al
legged TO have been performed by the
claimants, under a special law or act
OF the board of commissioners: repeal
ing, overriding and ignoring the con-
stitutlon and laws Of the state and de-
flying the rights. and impeaching the
ability and integrity OF regularly elect
ed and qualified officials.
BY your contract to Messrs Mark
ley & Armstrong you have created
new office. a system OF revenue, a new
form OF records. and In fact transform
ed the county into an experimental in
vestment concern on basis and with
a system that would break every free
holder in the county within a period of
20 years. You have entered into a con-
tract to hang up $1,000 of the county
FUNDS as an experimental fund for the
uses Of foreign and domestic experts to
practice on. IL on the information of
The experts the county Is successful in
collecting $4,000 as taxes on property
heretofore escaping assessment you
agree to pay the experts $4,000 of the
amount collected, the state, city and
school can and will compel the county
to hand them over $4,000 of the
be the results? You will have held up
the county treasury for $4,000. with a
possibility OF having $4,000 of the
amount returned. You will have sent
part of the $4,000 out of the county
and the balance out of the state.
by reference to the contract l no.
tlce that the experts agree to furnish
the county with a present ownership
book, showing Just exactly what the
records of the county clerk should and
Will show. The experts agree to make
an unofficial copy Of an official record.
Such copy can serve no practical pur-
pose. III such copy was n. necessity
the law makes IL the express duty of
the county clerk to prepare IL.
sections 369O-3765 of the political
CODES provide the manner in which the
county assessments shall be made 1t
provides that the state and agent shall |
furnish the assessor with a copy Of Ali
state lands patented. sold or which
deeds have been issued for. 1t further
provides that the commissioners shall |
furnish the assessor with a complete |
set OF maps-plats of all townsites and
additions thereto being situated within
me county. With the information from |
the land office and the plats furnished |
oy the commissioners the assessor is |
supplied with a complete abstract OF ALI |
taxable lands within his county. II Is |
me DUTY OF the assessor to assess such |
ands, giving the names of owners |
Nhen convenient. and assess by de- |
'crlption In all cases where the present |
is not a matter OF record.
'r Is unknown. Property so assessed |
must be so advertised and IL the taxes |
'emain unpaid,' the property NAV no |
'old for delinquent taxes. and sucb a |
ale would have just as much effect as
the ownership's pedigree for two gen
'ratons had been attached both 10 the /
assessment books and TO the ADVERTISE
nent OF delinquency. As to the i'm
DroVements on land IL is also made the
iuty or the assessor to inspect the i'm
'roVenents on every piece or particle
II land In his county and TO assess fhe
anne according to his Judgment of its
'alue. Stocks Of merchandise and other
PERSONAL property are TO be inspected
" une assessor and listed i'm n like
manner. The law makes II the duty of
ne assessor TO assess at any time any
property within his county, that might
ave escaped assessment. except such
property as may have acquired new
subsequent to the year in
Which IT might have escaped assess
nent.
BY careful review of the ASSESS
hent law, and the law prescribing the
uues ana powers OF the county COM
1 can find no provision
taxing IL incumbent upon the commits
toner's 10 either discharge the duties
the assessors Office or to prescribe
Tvs uhAti WHICH the assessment must /
e made. The constitution Of the state
Expressly provides that the legislative
ssembly shall be the sole law makers
l the state Of Montana, including Sill
er Bow county. The legislative as
emily has very ably prescribed the
utles OF the assessor and the manner
winch the assessment shall be made.
he present law must prevail supreme
yer all orders and laws of the board
county commissioners Of Silver Bow
ounty and in all cases where the law
In harmony and consistent with the
'tent OF the constitution OF the state
nd highly appropriate 10 the actual
Iterests and welfare OF the people OF
le county j for one will take pleas
re in obeying the law I'm dealing with
4 matters presented TO me for official
,nsideration.
The service for which this bill has |
zen presented is not authorized by |
w. Public expediency does not de-
and such a mode OF procedure. 10y
~ TO home industry frowns at your