The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-19
BUTTE News.
He REFUSES TO PAY IT
Butte May Not Get It's Share
of the Road Tax.
WAS ILLEGALLY LEVIED
Neither the City Nor the County Has
ANY Right to It-No Provision for
Its Division-How the Law
Stands in the Case.

The chances are that the city OF
Rutte will not get the $10,424.13 claimed
by il as its proportion Of road taxes
collected by the county for the year
1897 although the county COMMISSION
ers on the 9th of the month drew
warrant for the amount in favor OF the
city treasurer County Treasurer
Kinds refuses to pay the warrant ana
for apparently very good reasons.
In the first place, he holds, there Is
no authority in law for the DIVISION oi
the road tax collected, and in the sec
nnd Mace the tax was illegally levied
and collected within the city limits anu
neither the city or county mas any rishl
10 it, If ii was collected Legally lheh
The county treasurer claims tnat ne is
entitled to a 10 per cent. commission for
;ts collection. Mr. Kinds claims how
ever. that the only persons emitted 10
the money are those within the city
from whom il was Illegally collected.
and TO whom it should be returned
The law seems to be very plain on the
subject of road taxes. Section 264o OF
the nolitical code says there must be
levied and collected on all taxable
property in the county not less thah
/ mill nor more than mlllS on the
dollar for road purposes, also speelal
road tax of IS on each able-bodleu man
over the age of 81 years residing IN
each road district" and section 2bs4
saws the general road tax ana the
special road tax must not be levied OF
collected from the inhabitants OF prop
ertv of incorporated cities or towns,
which by ordinance levy sucn taxes ioi
the streets and alleys thereon.
Section 2644 says: "All contracts, au-
thorizations allowances. payments ana
liabilities to pay. made or attempted ~
be made in violation oil TINS chapter'
are absolutely void and must never pe
lNar of "a
against the treasury OF such county.
The county commissioners evidently
were not familiar with all the proVis-
ions of the road law when they entereo
into an arrangement with the city 10
divide the tax. which, the treasurer
claims. was illegally levied and col
lected in the city. Sections 2e4o ana
264e which. ii is claimed, apply in the
case hold both the commissioners ana
treasurer liable upon their ahcial
bonds for such action, read as foiioWs.
"Au county commissioners and any
other officer authorizing or aiding to
authorize or auditing or allowing any
claim or demand upon or against the
treasury. or any fund thereof. IN Nlo-
lation of any of the provisions of tins
chapter are liable in person and upon
their official bonds. to the person or
persons damaged by such illegal au-
thorization to the extent of his loss.
The treasurer paying any claim au-
thorized. allowed or audited in viola
ton of this provision. is liable on his
official bond TO refund the same to the
county treasurer
What action, if any, the city treas
urer will take to enforce the payment
of the warrant has not yet been an
nounced. The commissioners said yes-
terday that they could do nothing more
as the matter now rested with the city.
The question of the city's right TO a
portion of the tax was first brought NJ
in the city council. and n committee
was appointed to confer with the coun-
ty commissioners and meeting of tho
representatives of the city and county
was held a few weeks ago. The COM
missioners at once agreed that the city
was entitled to share and the only
question raised was as to the basis oi
the proposed apportionment. The cont
missioners offered to take the registra-
ton of voters in the county at the fal
election of 1896 and deduct from thai
the spring registration in the city
The committee from the city rejected
that proposition. and the only one the,
would agree to was to take the fal
registration and then go through th'
whole list and pick out those residins
in the city limits, which was done
Several men We're employed and the,
worked on the list for four days
From the result of their work il wa
determined that the city should hav,
6s& per cent. of the total tax collected
and "A warrant for the amount wa
drawn and is still held by the cit,
treasurer