The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-12
EFFECT OF THE DECISION
Any Taxpayer Can Refuse to Paw
the Special School Tax.
HELENA IS NOT AFFECTED
Superintendent Carleton's Ohacs Has No
Data Showing How Many Districts
Are Concerned-Attorney Gem
eral Nolan's Comment.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
f1eiena, Oct. 1.-THE decision of the
supreme court Monday declaring invalid
the law in regard to holding special
electlons for the purpose of authorizing
extra levies for school purposes, will
not, 1t is understood, very seriously af-
feet any of the school districts in this
county. County Treasurer Steele says
that SO far as he is advised all of the
districts in the county will be able to
run the full term. Last spring an cleo
ton was held in Helena for the pur-
pose of voting sufficient money for con-
tlnuing the schools until the end of the
term. The proposition was defeated
and the schools were closed in the CITY
a few weeks earlier than usual. The
district is believed to have enough mon
ey from this years levy to maintain
the schools of the city the full time.
SO far as known there are no figures
available at the state offices that will
show how many school districts in the
state are affected by the courts decis-
ion. State Superintendent Carleton is
out Of the city, attending Institutes, but
inquiry at his office did not result in
anything being learned, his clerk in
forming the reporter that there was
nothing upon which to base an esti-
mate. Only one inquiry had been re-
ceived by the superintendent relative
to the effect of the opinion. He will
probably receive many in the next few
days.
Attorney General Nolan has been adj
dressed by two county treasurers who
desired additional information respect
ing the scope of the opinion. He has
informed them in effect that wherever
school money is proposed to be raised
a INK
special election, such proceedings are
null and the tax cannot be collected
Writing to County Treasurer Gels
thorpe of Cascade county, in reply to
an inquiry, the attorney general gave
the following summary of the result
of the decision, which will interest all
treasurers and districts affected:
THE decision of the supreme court
in the Flathead county school tax case
is that the law authorizing the sub
mission of the question to the voters
of district whether a, special levy
not to exceed 10 mills shall be made,
is invalid, and, as such, any proceed
ings had hereunder are null and void.
I am conscious that such a decision
hampers the schools in a great many
of the districts in this state, but this
is the law as declared by the supreme
court, and any person in the district is
at liberty to refuse to pay a tax levied
puiSudHL W du election Helu uHuST Inc
provisions Of this law. If all of the peo-
pie in the district paid the tax, well
and good; it would be voluntary pay
ment on their part, and they might rot
be in a situation to recover it.; but any
person is at liberty to refuse to pay
this tax, and under these circumstances
it would not be right to collect it, be-
cause it would be imposing burdene
upon the willing ones which the unwill-
ing ones could not be compelled to bear.
The payment of the tax under the de-
cision rendered cannot be enforced"