The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1898-01-20
BEAVER. OKLA. Jan. II. 1898.

DEANEhs ChbAsf Jahs Afs ANoo.
EDITOR HERALD.-Upon the issuance
of the temporary Injunction in this
years tax case by Judge Bierer. the al
torneys for the plaintiffs caused the fol-
lowing circular letter to be printed:
DEAR srn:-rhe following extract from
the order Of INJUNCTION in the tax suit for
the year 1897 shows the manner in which
the tax is TO be paid, viz:
at is specially ordered that this order Of
injunction does not take effect and shall not
take effect as TO any particular plaintiff until
he shall tender between this date and the
time when taxes become delinquent, on the
third Monday in January, 1898, all the legal
tax assessed In Beaver county for the year
lS97-that is, all the taxes .leyied excepting
such as are represented by said illegal and
unauthorized raise Of 73 per cent made by
the Territorial Board of Equalization upon
the assessment made by the duly authorized
officers, und the treasurer OF said county
may proceed 10 issue his warrant for the COLI
lection of all the taxes levied in said county,
against any one or all of the plaintiffs who
fail to make such tender and payment Of the
legal tax within the time herein specified,
tne same as III tnls Oruer nau hOt Detn
made"
According to the above order the defend-
ants claim that each Of the
plaintiffs are required to pay ALL Of the legal
taxes charged against him 10 order to gain
tho protection Of this injunction, in which
case you will be required to pay 8
which amount will be the full payment Of
your legal tax for the year 1907. Forward
the amount at once to the county treasurer.
Yours very truly.
They admitted when questioned that
J the only plausible Interpretation which
could be placed on the above extract
from the judges order is just what it
says. That such an order is a very cons
mon proviso in tax Injunction suits is
too well known to be questioned. One
of the attorneys promised that those
circulars SHOULD not be sent out, but
others printed. The other attorney was
told Of the impression such a circular
would create, and agreed to change the
same. They both deny any intention or
desire on their part to misrepresent any
one, especially the county officers, yet
they have sent these circular letters out,
and as a result many of the taxpayers
think that the DEFENDANTS, as stated in
the letter. are responsible for the tax
payer having to pay all of his legal tax
Instead of one>half. as many expected to
pay; and some of them are angry with
the officers, which they would have a
right to be, had the representations of
the attorneys been true. Why the at
terneys should be so discourteous and
unfair is a mystery.
Since this injunction was granted, /
have advised the county treasurer to
accept the legal portion of the tax from
any and all taxpayers desiring to pay
the same less the raise, whether they be
petitioners in the injunction suit or not,
for il the taxes estimated On the raise are
illegal, no taxpayer should be compelled
20 enter int or commence a suit to pros
tect his rights. The attorneys for the
plaintiffs are very much agitated over
the matter, and one of them has gone so
far as to inform the county treasurer
that | had no right to advise him, the
treasurer, as | did, and further advises
the treasurer that he has no right to ac-
cept anything less than the whole tax,
illegal and all. assessed against any tax
payer, unless the taxpayer be a plaintiff
on the petition for injunction.
At the April session of the Board oil
County Commissioners, the Commission
ers will be advised to order the county
treasurer To ascertain and set aside the
amount of taxes supposed to be illegal
which have been collected from any
taxpayer heretofore for the year 1897
the same to be refunded to such taxpay-
er if the injunction be made permanent
BY this method each taxpayer will have
paid only his just proportion of the tax
If the permanent injunction is refused
those who have paid their taxes less thu
raise will be on the same footing with tn,
petitioners for injunction, and subject tC
the same penalties. Believing my &C
ton to be in accord with the best inter
ests Of the taxpayer. | remain,
Very truly yours.
II, II. L~ooFBoURRow,
County Attorney
n w D,rhna -bo hoe haan ~ TolOa,