Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-05
TIE TAX FERRET CASE
Hardin County's Famous Tax
Ferret Case Submitted to
County Court.
The Evidence All in and the
Pleadinls Made Wholly
in Writing.
Politics Of the County Will Be
Considerably Affected by
the Case.
.cial to Times-Republican.

Special to Times-Republican
Eldora, Sept. 5.-The excitement and
interest in the tax ferret suit has been
largely increased during the progress OF
the case which has occupied the court
the past two days. The case was sub
mitted to the court last evening on the
written pleadings Of the respective
counsel. It will be remembered that this
is an action brought by large number
Of the taxpayers Of the county against
c.. e. Albrook, attorney, c. e. WEIGH,
county auditor, the members of the
board Of supervisors and the tax ferrets
to recover about $1,000 paid to G.. p. AL
brook on an alleged illegal contract to
collect taxes on unassessed property
discovered by the ferrets and to compel
Mr.. Albrook to pay back all such money
so received by him, and to cancel the
contract. The board first contracted to
pay the ferrets is per cent Of all unas-
sessed property discovered by them. A
contract was then made by themrwith
c. e. Albrook by which he was to re-
ceive Is per cent OF all such discovered
property as compensation for the collec-
ton thereof.
The counsel for plaintiffs take the po-
sition that the contract with Mr.. AL
brook was illegal and exceeded the
statutory fee, and base their claim
upon the following, section 1. chapter so,
acts OF the Twenty-eighth general as
sembly:
THE board of supervisors OF any
county may contract in writing with
eny person to assist the proper officers
in the discove.y Of property not listed
and assessed as required by law.
"Sec. 2. The total charges. fees or ex-
penses authorized under section 1 of this
act shall not exceed Is per cent of taxes
paid into the county treasury.
Sec. 4. After the deduction Of the
compensation hereinbefore provided for
the taxes recovered under this act shall
be distributed among the several funds
for that year in the same proportion as
other taxes"
The defense claim the right Of the
board to so contract under the general
power Of the board of supervisors to
employ attorneys in the collection of
taxes and claims due the county, and on
a decision of the supreme court which
was decided favorably to board which
had employed attorneys for the prose
cution and collection Of certain claims
and not on any tax ferret law.
4 The feeling of a considerable number
| Of the citizens of the county is most bit
ter and intense against Mr.. WEIGH ant
certain members of the board, and espe-
cially against the ferrets. They regard
the whole transaction as sharp scheme
tof the ferrets to beat the county out of
large sum Of money which is justly
due it. 1t appears that Mr.. Albrook re-
ceived one-third of the Is per cent fol
collection and the ferrets the other two-
thirds. The contract with Albrook is
regarded as blind to defeat the true
intention of the law and fleece the coun-
ty out of 80 instead of Is per cent, as the
raw provides. No matter what decision
Judge Kenyon renders the question OF
Supervisor Bakers reelection this fall
has become very uncertain quantity
and the most bitter opposition may be
counted on.
u