The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-10
ANOTHER TAX CASE
Robert Keith of Anaconda Sues the
County Treasurer.
PROTESTS THE 5-MILL LEVY
Busber the Barber Has Secured
Board and Lodging for lime
Funeral of Mrs. wellington
Brand New " heel In Town.

Special Correspondence Of the Standard.
Deer Lodge, Feb. 6.-Once more the
Deer Lodge county treasurer is made a
defendant in a tax suit. The plaintiff
in this case is Robert Keith of Ana
conda, and the action was brought to-
day in the district court by his attor-
neys, Shaw & Rodgers and G.. b. Win
ston. The matters complained of in this
suit are the same as was involved in
the suit of d. r. Beck against the
county treasurer. which was tried be-
fore Judge Brantly in December, name
ly. that the action of the city council
of Anaconda in levying mills for fire.
light and water purposes was without
any authority of law. The question of
the validity of the levy complained of
did not reach a determination in this
case, but was decided on demurrer, on
the grounds that the law provides that
taxes which might be deemed unlawful
could be paid under protest and when
so paid an action to recover would lie
and that this remedy superseded the
remedy Of injunction.
Plaintiff Keith alleges in his COM
plant that on or about the 22d day of
January he paid TO the defendant as
treasurer of Deer Lodge county, under
protest and for the purpose of prevent
iAAt property from DGliB SOlQ Sdlu
taxes declared to be delinquent by the
defendant, the sum of $317.51 being the
amount claimed by the defendant to
be due from plaintiff, including penalty
and cost Of advertising; that at the
time OF payment the plaintiff stated
and indicated to the defendant that he
considered the mill tax levied by the
city council of the city of Anaconda
for fire, light and water purposes, an
illegal tax, which was levied without
authority ofslaw, and that IL was the
intention of this plaintiff to institute
suit to recover back all money paid to
him in excess OF s255.25, rendered by
MN TO the defendant on Nov. 30, 1895. !
That all Of the taxes levied and charg- |
cd against his property, excepting the |
said b mill levy, were and are a valid |
and Just tax. That the said city .coun-
ell OF the city OF Anaconda has never, |
by ordinance or otherwise, provided for |
the levy, assessment, equalization or
collection Of taxes on all or any part Of |
the property situated in the city OF |
Anaconda. which is taxable for state,
county and city purposes. The plaintiff |
therefore prays for judgment for the |
sum of S62.25, with interest thereon
from the I'd day OF January, and for
costs of suit.
Joe Busber an Anaconda barber, has |
got himself into a peck Of trouble. He |
is now In the county Jail here awaiting |
the sentence of Justice HartwelTs |
court, having been adJudged guilty OF
petit larceny by his honor this after
noon. Joe's troubles came about in
this way: He came to Deer Lodge
about two weeks ago as a witness i'm
the Cyclone Bob case. On the second
day of his attendance on the trial he
indicated to John Morony, clerk of the
court, that he was financially embar-
raised and had to have some money to
live on while in Deer Lodge. Mr.. Mo
lony very generously introduced him to
friend who advanced him the money
needed, giving in return an order en-
titling the clerk to hold out the amount
so advanced when the case was con-
cluded. At the conclusion of the case
Joe went to the clerks office, when Mr..
Morony was absent, and drew, through
one OF his deputies, the full amount of
MS fees and mileage. He Immediately
took the train for Anaconda and chuck
led at the idea OF getting the best of a
county officer. Mr.. Morony not wishing
to prosecute the fellow, sent an officer
TO see him and try to get a settlement.
but he only laughed at the officer. A
complaint was sworn to in Justice |
Hartwelis court yesterday afternoon. |
and warrant issued for his arrest He
was arrested in Anaconda last evening
and brought to Deer Lodge this morn
ing, when he was tried and found gull
ty. He will receive his sentence at 2
D clock tomorrow.
The funeral of Mrs Efie wellington ;
this afternoon at 2 O'Clock and ]
vas attended by large number of peo-
pie. The services were held in the
Christian church. and were conducted
BY Rev. r. j. Anthony. ,
County Treasurer Hallahan received :
)y express this morning a bicycle OF I
design His friends say that {
snow shoes would be more serviceable 7
o him just now. ,
w. Il. Rodgers came over from Butte =
his morning and will remain until af- 5
eT the hearing on the motion for a new =
rial in the Brown case.