The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-09-30
BEG.NS TEST OF THE LAW
PLEADiNGS FILED IN THE ACTION
TO SECURE MORE SCHOOL
FUNDS
Corporation Attorney Markham Sets
Forth the Grounds on Which 1t Is
Sought to Levy an Additional Tax
for School Purposes.

Corporation Attorney Markham yester-
day filed his pleadings in the mandamus
proceedings against the county auditor,
ordered by the common council at its
special meeting of last Wednesday even
ing, to compel the auditor to extend the
nlill-and-a-half school tax upon his rolls
as a part of the general taxes of 1899
A. r. l<iefer IS one of the petitioners,
and it is set forth that he is mayor of
the city Of st. Paul, resides therein and
owns both real and personal property
subject to taxation and upon which he
pays an annual tax for the support of
the government including the support
and maintenance of the public free
schools.
The petition relates that under chapter
40 of the General Laws of 1899 the coun-
Gil passed a resolution directing that
there be raised independently of other
sums for school purposes SIP 600, and
that although copy Of this resolution
was duly placed in the hands Of the
county auditor, he refused to comply
with the directions of the council on the
ground that the law under which the
action was taken was null and void. The
petition further states that the total
amount for school purposes raised by
other means, including the one-mill state
tax, was about $40, GOO, and that without
the $4,000 the amount will not be suf-
ficient for the needs. 1t is also stated
that the total valuation Of taxable prop
erty in the city is $93 000,00O. and that the
addition of $112,GGO will cause an increase
Of but ~ mills per cen5um. The petit
ton concludes as follows:
Wherefore, Your petitions pray that
writ OF mandamus be issued by the
authority and DIRECTION of this honorable
court to the said William R. Johnson as
county auditor of the said county of
Ramsey in the state of Minnesota, re-
quiring that he forthwith calculate the
rate per centum on the assessed Valua
ton of property within said city of st.
Paul necessary to raise said special tax
levy of $4,000 and to extend said tax
upon the tax rolls of said county and to
include the same as part of the general
taxes for the year 1899. to be levied and
collected upon the taxable property with
in the limits of said city Of st. Paul.
and that he take such other and further
official action as may be necessary and
essential to proper levy of said tax,
and that your petitioners may have such
other and further relief upon the facts
above stated as shall be consistent and
In conformity with the law.
County Attorney Bigelow. who will ap
pear as attorney for County Auditor
Johnson in the mandamus hearing, will
take the positio that the law authorizing
the additional one and a half mill levy
Is unconstitutional in that it is in con-
travention to sections SO and "a of the
constitution, which prohibits special leg
islation. Another point which will be
made against the law is that the levy
was not made in conformity with the
charter Of the city which provides that
only such amounts shall be placed in
the levy as were authorized by the coun-
Gil in making up the tax estimate in
January of the present year.
w l.. Chaplin, who drafted the law and
assisted in its passage through the leg
islature, will argue as to the constitu-
tionality of the law after the facts have
been presented by Corporation Attorney
Markham.