The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1898-02-19
CIRCUIT COURT
a Summary Of rhe Work Done a, the February
Term.

Judge Stone presiding. Alter the chli
. of the eases on the calendar the court
,prpcredsd- 90 take IN the tax eases
The first ease considered was that oi
the township taxes oi Stambnugh town
ship. Attorney Miller, ~ Marquette,
acting in the interest Of the AYERS
estate asked the court to set aside he
township, highway aud school taxes.
IL was shown that there was no
evidence of the electors at their
annual meeting having voted any tax ~
the minutes OF the annual meeting were
entirely silent npon that point. At a
meeting oi the township board held in
the month of August the township
board proceeded to raise the necessary
taxes as did also the school board,
The boards in their resolutions rcclted
the fact that the electors AT theirnunuai
meeting neglected 10 raise the necessary
NIX but the attorney for plnntlil
II1aimed that tho absence of any record
oi "A proposition having been submitted
10 the electors excluded the possibility
of the voters having neglected to pass
upon the raising OF tax. The court
held the same opinion and the taxes
were accordingly set aside.
The next IN order were the village
taxes OF Crystal Falls village. Fred H.
Abbott represented the tax payers. IL
was shown ly evidence that the assessor
for that year, c. f. Brown, did not act
M his official capacity but deputzcd
Chas. NJ. Rogers To act IN his stead.
Mr. Rogers did all the work Mr.
Brown not giving it any attention.
Attorney Abbott argued that the roll
was invalid "a the assessor could not
delegate the power oi fixing the ASSESS
ment OF property To another. a clerk
might list the property but the assrssur
must review the work The court held
the same view ot the question as the
attorney and ordered the taxes set
aside. Iron River was the next place
that came up for review the question
being ns TO the legality OF the taxes Of
the village OF Iron River. |. w. Byers
appeared for the tax payers, MIR, Cook
aasirfing the prosecuting attorney uu
the defence. IL was shown that tho
village board neglected To appoint a
board of review and that the clerk of
the board nctcd as one OF the mcubers
without appointment. The court held
kbat the bonrd Of review must be
yepDlar and ordered the taxes set aside.
q The next matter brought before the
couri WAS The application of Stambnugh
township for a mnndamus to compel the
county treasurer to pay over TO the
fognship all moneys collected ON ac.
couat Of township. highway aud school
purposes. NJ. j. Sherwood represented
the township and Fred IL. Abbott the
county treasurer. The case was ably
argued ON both sides but Mr.. Abbott
had the best oi the argument. We take
neension here To mention the universal
iiy oi the compliments that were
.showerad upon Mr.. Abbott by members
.of tlle baJ ,D,esent over the very able
nsaner ia which hc handled his ease.
The Judge nlicT hanring council decided
fhe point Of law in Nr. Ahbut's favor
t..t said there was n question 81 lnct to
NE set established as to whether Tie
errors for which the county treasurer
had charged back certain sums TO the
township had originated with the town
,h,p or the couaiy. Hall or any part
of them had originated with the county
board then so much as had so originated
WAS not chnrgcabe tu the township.
6is directed the attorneys To make nu
jnyes.alaation aud then join issue and
bave the eaae tried.
The case ol johnson Va Lying occupied
t,e attention .of tho foBrt the greater
part of the day Tuesday going 10 the
iury nt four O'Clock p IA. 1bir wac Tho
only Jury case tried aud grew out IL Q
- .pute over the contract price 81 some
,sa Dut into the Paint river near Elm
wood, ti,is county, 10y the defendant for
tie plamidi. The defendant gave the
plaintiH "a nate ghich plaintiff sued TO
recover upon and deiapdnnt sought to
Offset the note with tl,e difference winch
he elaimcd WIS due him upon the logs
put in ior plaintiff. The plaintiff was
repreentsd ly Attorney Il. G. Flanagan
and the de[agdant by A, G. Cook. The
iury was oat uGtil D;30 the following
day when they came 60 qn agreement
anowing the plaintiff "a reeognr = 5000
.sa tle e0te.
Immediately following the Johnson
Lying casc the ease OF Lachnpcllc ". the
Minneapolis Savings nnd Loan Associa-
- il4n xas taken up. This wnu case
l,ssore The court, tho plaintiff being
ssPgasegted by + H. Abbott and the
!. defendant by =. T.. Handy and a. g.
Cook. The ease was IN intricate one.
Mrs. Lqchapelle held some stock
IN the association and gave notice OF
gitiadrewal u short time before the