The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-24
FOR DELINQUENT TAXES
Treasurer Kinds Begins His
Annual Sale.
CITY PROPERTY PASSED
A Restraining Order Issued by Judge
Clancy in the King Case and Also
One in the Cobban and
the Clark Suits.

county Treasurer Kinds yesterday
morning began the annual sale Of pro-
perty in Silver Bow county for delin
quent taxes. There were only about
half a dozen bidders present at the
sale, and only small outside properties
We're purchased, the large pieces of city
property being passed by when called
by the treasurer. Among the lot Of
Tered for sale was the Clarence hotel on
East Park street owned by Isaac Bech-
tel, but for some reason no one wanted
TO Did on it and it was knocked off to
the county. The sale will be continued
from day to day until all the property
on the delinquent list has been offered.
Before the treasurer began the sale
he was served with several restraining
orders issued by Judge Clancy to pre-
vent him from selling a lot of property
on which it is claimed the tax was not
legally levied. The action of silas F.
King, mentioned in the Standard yes
terday, was instituted and an injunc-
ton order served only a few minutes
before the sale opened The taxes al
legged to be delinquent are for the years
1890 to 1896 inclusive, and for the wear
1888. Many allegations of errors in MAX
ing the assessment and levying the
, are made In the complaint. it
being claimed that few, II any, of the
laws requirements were observed.
restraining order was also served
IN suit brought by W. F. Cobban in
which practically the same allegations
as in the King suit were made. The
property involved in the Cobban suit is
h Ia t@,,
lode claim which has been plated and
surveyed as the Kings addition to the
city of Butte. Cobban owns an interest
IN number of lots included in block
to II inclusive. It is alleged that a sale
under the treasurer's notice of sale
would be illegal for the reason that it
cannot be determined tlerefrom
whether 1t is the intention of the treas
urer to sell the property for the taxes
alleged to be due for the year 1898 or for
1890, 1891, 1892, 1898. 1894, 1895 or 1896. The
sale would also be void for the reason
that the law makes it the duty of the
treasurer to collect the delinauent taxes
IN the manner provided by laws in
force at the time the assessment of
such taxes may have been made The
complainant then goes on to recite
the provisions Of the law in force
ana governing the collection of
taxes in 1890. 1t is alleged that the as
III Tic dlIeTSHC years were
improperly made, in that they were
not made to the parties owning the
property, and the plaintiff therefore did
not have legal notice of the assessment
and the tax due, the property having
been assessed to F. T. Mcbride, ct al.
The property had, in previous years,
been sold to the county and has never
been redeemed, and that is another
reason alleged why it should not be sold
again.
Another suit was brought against the
treasurer by w. A. Clark who is the
owner of some ground on the Spruce
quartz lode claim on Washington street.
Clark alleges that neither the Spruce
as an entirety nor any portion thereof
has ever been plated as an addition to
the city of Butte, and has never been
laid out in town lots, and has never
been used for any other than mining
purposes. The property referred to has
been assessed as town lots and a val
uation allowed by law placed thereon.
The valuation fixed by law is 50 per
acre. The tax claimed to be due by
the treasurer is $29.9s. Judge CLANCY
issued temporary injunction.