The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-15
BOTH SIDES ARGUE
D. R. Beck's Suit Against the Treas
urer in Court.
THE LEGAL PHASE OF 1T
II Is Taken Under Advisement-Bob
Caruthers VIII Be Tried - The
Jury Commission Hard at
Work-The Calendar.

county treasurer, came up Defore Judge
Brantly this afternoon, in chambers.
The question involved hinged on the
legality of the city council of the city
of Anaconda levying tax of mills for
water and light purposes in addition to
the levy made for general administra-
tive purposes.
The plaintiff in November last tend
cred to the county treasurer the
amount of his taxes less the mills al
legged to have been illegally levied. This
the treasurer refused to accept, and adj
vertised the plaintiffs property for
sale, for the payment of the delinquent
tax. The plaintiff then applied TO the
district court for an injunction, re-
straining the treasurer from selling his
property, alleging that unless restrained
the treasurer would proceed and sell
the same, thereby casting a cloud upon
his title thereto. T. O'Leary, attorney
for the city of Anaconda, in his argu-
ment in support of the tax, contended
that the plaintiff had no standing with
his case in a court of equity on account
of not complying with the plain provi-
sions of the law and explained that the
remedy to be applied in such cases was
provided for in sections 1924, 1925 and
4026 of the political code, which. reads
as follows:
Sec 4024. That in all cases of levy
of taxes, licenses or other demands for
public revenue, which Is deemed unlaw
full by the party whose property is thus
taxed or from whom such tax or license
is demanded or enforced, such party
may pay under protest such tax or Ii
cense or any part thereof deemed un-
lawful to the officers designated and
authorized by law to collect the same;
and thereupon the party so paying or
his legal representative may bring an
action in any court of competent juris-
diction against the officer to whom said
tax or license was paid or against the
county or municipality on whose behalf
the same was collected, to recover such
tax or license or pay any portion there
of paid under protest.
Sec. 1925. In case ii be determined
in such action that said tax or license
or any portion thereof paid under pro-
test was unlawfully collected judgment
for recovery thereof and lawful interest
thereon together with cost of action
shall he entered in favor of the plain
tiff; and upon being presented with
duly authenticated copy of such judg-
ment the proper officer or officers of
the county or municipality whose off,
GERS collected or received such tax shall
audit and allow such judgment, and
cause a warrant to be drawn on the
treasury of that county or municipality
for the amount recovered by said judg-
ment in favor of the legal holders
thereof; which warrant shall be paid
in preference to warrants of any other
class drawn on such treasury.
Sec. 1925. The remedy thereby pro-
vided shall supersede the remedy of
injunction and all other remedies
which might be invoked to prevent the
collection of taxes or licenses alleged
TO be irregularly levied or demanded,
except in unusual cases where the
remedy hereby provided is deemed by
the court to be inadequate"
Attorneys George b. Winston and w.
b. Rodgers, for the plaintiff, argued
that this was a case in which the rem
edy of injunction could be invoked to
restrain the treasurer from selling the
property of the PLAINTIFF as part of the
taxes charged against the property are
without any authority of law. To sus-
tain their position on this point they
cited section 1929 Of the political code,
which reads:
mo injunction must be granted by
any court or judge to restrain the col
lection of any tax or any part thereof,
nor to restrain the sale of any property
for the non-payment of taxes. except:
First, where the tax, or the part there
of sought to be enjoined is illegal, or is
not authorized by law. If the payment
of part of tax is sought to be en-
joined the other part must be paid
before action can be commenced. Sec
cond, where the property is exempt
from taxation"
The legal phase of the Anaconda levy
was then taken up and argued at
length, the attorneys differing widely
on the proper construction of legisla-
tive enactments, investing in cities and
towns the power of raising revenue for
municipal purposes. At the conclusion
of the arguments the court took the
case under advisement.
tcs. ,, hat ar-x. L..
these parts as Cyclone Bob" and who
murderously assaulted Deputy Sheriff
Brennan in the county Jail on the night
of Dec 6. was arTafgned in the district
court this morning. The county attor-
ney filed an information against Bob
charging him with assault with intent
to commit murder, to which he pleaded
not guilty. and his case was set for
trial on Jan. %. The court appointed
Attorney Goodman TO defend him.
The default of all the defendants was
ordered entered in the suit Of c. Got
Zian & Co. against w. c. Station and
others and judgment for the sum of
s259.75 was awarded the plaintiffs, to-
gether with costs.
A. NJ Walker, chairman of the board
of commissioners: d. +. Hallahan,
treasurer. and ]. II. Schwend, assessor.
constitute the board of jury commits
sioners. They were in session to-day
making a list of all persons in the
county liable for jury service during
the present year. The number returned
by them is about 200.
Attorneys T. O'Leary. J. r. Boarmar,
c. NJ. Sawyer and George B. Winston
were in attendance upon court yester-
day from Anaconda
Following is the trial calendar for the
January term of district court:
The State of Montana VS.. Charles A
Brown; set for trial Tuesday, Jan. n. 1896.
at o'clock a. m.
The State of Montana VS.. Claus Oldha-
Der; set for trial Thursday. Jan. @. 1895.
at 80 o'clock a. m.
The State of Montana vs.~Bob Caruth-
ers: set for trial Thursday. Jan. %. 1896 at
$50 a. m.