The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-23
BUTTE News.
COUNTY TAXES At STAKE
Silas F. King Will Ask for Re-
straining Order.
DELINQUENT TAX CASE
He Seeks to Prevent the Sale by the
County Treasurer and Alleges Err
rors in the Assessment and
Collection of Taxes.

If suit that will be filed in the DIS
trict court this morning terminates sue
cessfully for the plaintiff in the action,
there is a possibility that the amount
of revenues the city of Butte and the
county. of Silver Bow will realize from
the sale of property for delinquent
taxes, will not be very large, as other
property owners, who owe delinquent
taxes, may come in on the same plead
ings. and not only protect themselves
from the loss of their property, but
evade the payment of the taxes that
are overdue. In such an event, the
city and county will lose heavily, as
nearly all the property on which taxes
are delinquent will come within the
scope of the decision of the court in
this case. The plaintiff in the suit is
Silas F. King, who. as the owner of
all the lots in the Silver King addition,
the western portion of the Hespecus
lode, all the lots in the Great West ,rn
addition, numerous isolated lots and
owner of an undivided interest in the
eastern portion of Hesperus, will,
through his attorney, ]. X. Macdonald,
seek to restrain County Treasurer
Kinds from selling his property en-
which the taxes are delinquent for TIE
years 1890, 1892, 1898, 1894, 1895, 1896 and
1898.
County Treasurer Kinds has adver-
tised to sell to-day all property on
which taxes are delinquent. according
to the advertised lists. AT the opening
of court this morning, Attorney Mac
donald will file the suit and make appii-
cation for an order restraining County
Treasurer Kinds from selling any Of
the property belonging to the plaintiff,
on which the taxes are delinquent
The suit is based on a great number
OF alleged inValidfties in the practices
that have prevailed for years past in
the leVying of assessments and the COL
lection of taxes. These invalidties, 5
scheduled in the complaint are as fol-
lows:
That in $780, the assessments on the
property which is previously described.
were never equalzed by a board of
equalization as provided by law. and
that the plaintiff never had an oppor-
tunity to appear before a duly cons1i-
tuted board of equalization, even
though the assessments had been prop
erly levied; that the county commits
sioners, acting as body of equaliza-
ton, failed to give due notice of the
ihSelHiS DIS IequlIeu ny law, Lnat Ger
tain farm lands and lode claims were
Intentionally omitted from the assess
ment; that the plaintiff did not list
the lots and blocks in the Kings ad-
ditlon with the assessor and the assess
ment was invalid, for the reason the as
SCISSOR assessed the lots collectively
with other lots in the addition, not
owned by plaintiff, and that he failed
to fix the valuation on the lots of
plaintiff. but fixed the valuation COL
lectively on all the lots in the addition.
THAT in 1892, 1898, 1894 and 1895 the
county clerk failed to affix to the as
sessment books his affidavit certifying
that he had kept correct minutes of all
the acts of the county commissioners
touching alterations in the assessment
books; that all alterations ordered had
been entered in the books; that the
county clerk failed to deliver a CODY
or duplicate of the corrected assessment
book to the county treasurer, with his
affidavit to the effect that he received
the assessment book of the taxable
property of the county from the as
SCISSOR, with his affidavit affixed: that
he had corrected it and made it con-
form to the requirements of the county
and state boards of equalization.
That in 1894, the assessor failed to
make affidavit in the assessment hook
to the effect that between the first Mon
day in March and the second Monday
in July he made a delinquent inquiry
TO ascertain all property in the county
subject to assessment and that the
same had been assessed, equally and
uniformly at it's cash value and that
he had complied with all the duties
of the assessor imposed on him by tie
revenue act; that in 1896 the taxes lev