Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-01-31
PAPERS NOW ON FILE
County Treasurer John H. spry is
the Defendant.
Can PENSION MONEY BE TAXED?
The Suit Has Grown Out of the Taxa.
i tion by the County Board, of Money
! Held by Calvin Manning for John
Schwabkey, an Insane Person.

Z
This is said to be question that
has never before been raised in any
of the courts of this country. 1t will
come up for decision in district court
in Wapello county March 26, 1901. On
account of the principle envolved the
out come will be watched for with un-
usual interest.
The question is to be. raised in case
entitled Calvin Manning, guardian of
John Schwabkey, insane, plaintiff, VS..
John H. Spry, treasurer of WapelIo
county, Iowa; and Wapello county,
Iowa, defendants" The amount of
money involved is $1,741.93, but this
SO far as the lawyers and the pension
ers of the country are concerned, is
only secondary consideration. To
the guardian and his ward it has
deeper meaning.
Messrs Mitchell & Hunter and s. E.
Adler are attorneys for the plaintiff,
and the 7afendant will be represented
by the oi,nty attorney. It is possi-
Bile, SO the attorneys say. that the mat
er will be carried ino the higher courts
of the country, even to the United
States supreme court.
Plaintiffs Representations.
The plaintiff in his petition repre-
sents that on January 80, 1899, Charles
#. Blake, now deceased, was duly ap-
pointed by the district court of Wa
pello county as guardian of.the person
and property of the said John Schwab-
key, an insane person, and that such
letters Of guardianship remained in
force and effect to the time of the
death of said G. F. Blake, which oc-
Cured March %, 1897. On March 25,
the petitioner, Calvin Manning, was
appointed to succeed G. F. Blake as
guardian of John Schwabkey, and that
his letters of guardianship are still in
force and effect.
In the second clause of the petition
1t is shown that for the year of 1900,
the assessor of the city of Ottumwa
listed and assessed as against the
plaintiff, as guardian of John Schwab-
key, monies and credits to the amount
of $S,5S5, on which the board of super
yisors levied taxes aggregating for
said year, the sum of $3599O now
charged against the plaintiff, on the
ant Inh, II snn,, v on,e u ene ueielu-
amount involved.
The third clause of the petition is
to the effect that John H. Spry, as
treasurer, acting under pretense of
chapter SO of the Acts of the 2Sth
General Assembly Of Iowa, in jan
uary 1901, listed and assessed against
such plaintiff as tax charge against
him, sums as follows
For 1895 .................$ 374.52
For 1896 1859
for 1921 1921 ............i........ .......a.......i......... 4l0.95
FOR 1893 .................. 40
For 1899 .................. 360,17
-----
Total ..........$1741.93
IN the fourth clause 1t is represent
ed Lnat the monies SO assessed, being
Ss,25l TOT 1898, etc, We're and are mon
les paid TO the plaintiff as the guard
ian OF John SchWaDkey, and to his
predecessor, =. y. Blake, by the Unit
ed States government, as pension
to the SAID SchWabkey, under the gen
erai pension laws OF the United states
ana Ior the account OF physical disa-
bilitles received and sustained by him
While a soldier in the regular army