The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-26
IN A PICKLE. :
- %&A
Q6S&
Trouble OVERLAP
Assessment.
KICK OVER 1T.
Equalization Board Raises
Values Without Reason.
Secret Behind Sheehan's File
No. 523-SOme Seventh.
Robert and Sixth Street
Owners in Arms.

The owners of real property situated
on East Seventh street between Waba
sha and Jackson streets Robert street
between Seventh and Fourth streets
and Sixth street between Robert and
Minnesota streets are preparing to
fight the assessment made on their
property for the year 1896 In reality
1T is not so much the assessment that
is objected to. but the action taken
by the board of equalization in rails
ing the valuation of all the real prop
erty on the streets mentioned 20 per
cent after the valuation had been fixed
| by the assessor.
The claim is made that the board had
| not the legal right to raise the vaul-
| alton at the time 1t did, and that
| unless the board of abatement reduces
| the assessed valuation of the property
the 20 per cent 1T was raised the fight
| will be taken into the courts The
matter has been kept very quiet and
| aside from County Auditor Sullivan,
| Mayor Doran, Assistant City Attorney
Phillips and the attorney for the prop
| erty owners, the facts have been kept
from the public.
1t was brought to light by the in
| PRODUCTION in the senate a day or so
ago of a bill which was handed up by
Senator Sheehan, of the Ramsey del
egation, and referred to the judiciary
committee of the senate. The bill,
| s. f. No. 523, is entitled an act to
ratify, confirm and legalize the acts
and proceedings of county boards Of
| equalization, reads as follows:
! BE it enacted by the legislature OF the
| state OF Minnesota:
Section l. That all acts and proceedings
of county boards of equalization and with
| respect to the equalization Of the assessment
OF the property in the respective counties as
| contemplated by section 1862 of the state Of
Minnesota 1884 be and the same are hereby
/ in all things ratified confirmed and legaiized
! whether said acts or pros ceilings were had
WITHIN the-tiIne limited and specified oy SAID
section or not, provided however that the
same shall have been finally completed and
| the corrected list shall have been prepared,
and filed by the county auditor of the county
! by the time and as specified in section 1864,
of the said statutes
| Take effect at once"
Moritz Helm, attorney for the prop
erty holders in the contention, seen yes
terday afternoon, said he had been adj
vised of the bill introduced by. Senator
Sheehan and had appeared before the
| judiciary committee of the senate. He
! had been granted five minutes in which
! to state his objections, but even with
! this little time he had managed to con-
| vince the members of the committee
| present that there was good ground
| for the turning down of the bill. The.
! hearing had been continued until Sat
! urday In order that he could present
additional facts. and he felt certain
that the measure would fail to pass or
even be faVora bly, reported.
/ Mr.. Helms recital of the affair places
| the members of the board of equaliza-
| ton and the county auditor in a peculi-
ar position. He says that in August
1896, without notice to the property
| owners and after the completion of
| the assessment. the board Of equal
| ization claims that a resolution was
| passed increasing the assessment ON
| real estate, exclusively, 20 per cent on
Seventh street between Wabasha and
| Jackson streets, on Robert street be-
| tween Seventh and Fourth streets and
| on Sixth street between Robert and
| Minnesota streets. The increase in
| valuation was nearly $500, 900, and in
| cluded property owned by between
| sixty and seventy owners. An eXami-
nation of the records Of the proceed
ings of the board Of equalization and
the printed publication in the official
paper on Sept "A, 1896, of the acts of
the board, Mr.. Helm says, showed that
no such resolution had been passed
Further, said Mr. Helm, copy of the
action taken by the board, which was
/
auditor, does not show that any such
resolution as the county auditor now
claims, was passed by the board.
! From an examination of the memo
! randum Of the board, which the county
! auditor keeps on file, Mr. Helm said II
| appeared that such resolution was in--
| troduced The only indication that it
was offered was a piece Of paper from
which it appeared that such raise was
attempted to be made, and that ten Of
the members had voted for the raise IN
valuation and one against it. Aside
from this there was nothing, either In
the records Of the board as kept,
printed, or as sent to the state auditor,
which showed that the resolution had
been passed.
Another thing which Mr.. Helm had
learned was that since his first exam
ination Of the written records in the
office of the county auditor an attempt
had been made to rectify the matter
| by inserting in the minutes what pur-
ported to be a copy Of the resolution
raising the valuation on the streets
mentioned 20 per cent Mr.. Helm ex-
hibited a copy of the written records
Of the board as now prepared which
he claims does not, even at this late
date correspond with the alleged ac-
ton Of the board.
Another point made by Mr.. Helm IS
that the board acted Illegally In rails
ing the aSSeSSHSUI, IN IndI us time "a
sit as a board Of equalization had eX-,
pired when such resolution was at
tempted to be passed. AS a proof OF
this he cites the introduction of the bill
in the Legislature by Senator Sheehan
in which an attempt Is made to Legal
iZe and confirm acts or proceedings OF
board of equalization, whether or not
such acts or proceedings were had with
in the time limited and specified by
section 1852 Of the general laws. The
further point is made by Mr.. Helm that
under decisions of the supreme court
of Indiana the board of equalization
has not the right to raise the valna-
ton Of any real property unless the
owner Of said property has been fully
notified that such action is contempla-
ted. No notice Of such proposed ac-
ton. Mr.. Helm said had been given the
property owners, and the raising Of the
assessed valuation 100000 had been
done after the departure Of the COM