Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1898-01-08
WALLACE COUNTY TAX CASE.

made an effort to learn the facts for
the information of our readers The
circumstances leading up to the case
them, are as follows:
1t appears that some time in the
70's the territory about Ft. Wallace
was organized as Wallace county, but
for some reason the citizens allowed
their county organization to lapse.
that is, to pass into 'InnocuouS
diSuetude," probably as matter of
public and private economy, and the
territory was attached to Trego cOun-
ty for judicial purposes" etc, which
includes the levying and collecting of
taxes. Then came on the boom period
of the central sos, and an attempted
reorganization of the county with an
attendant county-Seat fight between
Wallace and Sharon Springs. One
faction also attempted to resuScitate
the old organization and give life to
the former body corporate. In the
meantime, while the several OrganiZa-
lions were seeking recognition by the
powers that were, TregO county at
tempted to levy and collect state.
county, township and school tax for
the year 1888 on the property in and
about the seat of war which was le-
gally known as Wallace township sat
tached," etc. 1t further appears that
certain heavy taxpayers of the terri
tory, fearing that they might be re-
quired to pay taxes to Wallace county
under county organization and also to
TregO county as attached territory,
resisted the collection of the same in
1889 by asking and receiving re-
straining order from the district
court which order was directed to the
sheriff and treasurer of Trego county.
These taxpayers were Peter Robidoux,
ii. A. Clark, Thomas Madigan and
L. J. Perry. (The last of these has
since died and his estate has been set
tied up. They acted as the few rep
resenting the rights of many accord
ing to statute made and provided in
such cases. The motion to make the
injunction permanent was heard in
chambers by Judge Osborn and the
injunction dissolved. Thereupon
Messrs. Robdoux ct al.-appealed to
l..
ing of the case by that body the APP
pelIate court was created and the case
transferred to the western division,
northern department, being the first
case on the Colby docket. The appel
late court sustained the action of the
court below and County Attorney
HutZel lin accordance with our Sug-
geStiOn last Summer) at once took
steps to collect the deferred taxes,
and a short time ago ex-Judge Os-
born, being conversant with the facts
in the case, was engaged to assist him.
As the final and permanent organi-
cation of Wallace county was not per-
fected until 1889, and the tax of 1883
was justly due Trego county, but the
school tax, if collected, would revert
to Wallace county.
Messrs. Robidoux, Clark and Madi-
gan. being personally responsible as
plaintiffs in the suit at law, met with
our attorneys and commissioners last
Monday and adjusted this long linger-
ing Indebtedness of Wallace township
to Trego county. In the settlement
of the METER these gentlemen, who
appear 10 De flOuOTdDl6 men ana are
doubtless upright citizens, paid the
original tax and penalties except
school tax, but did not pay interest
on the same. In lieu of this they did
pay the costs of collection, assistant
attorneys fees, etc. The net amount
thus due Trego county and secured
through the diligence of our county
attorney and commissioners is 1928. ~
This sum is somewhat less than it wa:
generally supposed to be. but it shoule
be remembered that all assessments
subsequent to the legal organization
of w allace county have been legal,
paid directly to her own officers ant
double assessments on account of Sc
questering of property were erroneou.
and non-collectible. Besides this tn,
trouble, annoyance and expense 0
litigation has been happily avoided
J. A Perkins, of Antiquity, O., wa
for thirty years needlessly tortured b
physicians for the cure of eczema. H
was quickly cured by using Dewitt