Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1901-11-09
SATURDAY, NOV. 9.
THE nAINEs JUDGMENT.

ity of the Haines judgment deem
it proper to submit to them the fol-
lowing statement:
The Haines case against this city
was begun June 20, 1883 for the re-
covery of judgment upon ten old
bonds of 500 each issued in 1871.
In 1885 the suit was dismissed at
plaintiffs costs for want of prose-
cution; later our city officials ap-
pear to have agreed to it's reinstate-
ment. June 4, 1889, judgment was
rendered against the city, by de-
fault, for $2529.34. May 10, 1904, an ex-
ecution was Issued and in Septem-
Der II was returned showing d levy
upon our city hall property, but
nothing further was done under
that execution aud levy. May 10,
1899, another execution was issued
and returned unsatisfied.
No demand was ever made, until
recently, upon the city council for
the payment of this judgment nor
that tax be levied for it's payment.
A few months ago the attorney
for the creditor came here and saw
and talked with our mayor and
councilmen concerning the pay
ment of this judgment. Arrange
ments were therefore made with
Mr.. Gates of Fl. Scott, for "a fee OF
$50, to investigate the matter of the
enforceability of this judgmentand
to give his opinion thereon. MIR.
Gates reported, verbally, that in his
opinion the judgement is good and
enforceable.
The mayor was then directed to
enter into a contract with Mr.. Gates
to negotiate a settlement of this
claim.
Mr.. Gates reported that a settle
ment could be effected for $2529.34
and presented a bill for $55S for his
services.
At this point the writer hereof ap.
peared before the mayor and couu.
Gil and urged that further counsel
be taken in the matter, suggesting
that the enforceability of this judg-
ment was far from being estab-
Iished. At that time the writer had
but slightly investigated the ques-
tons involved, but by Oct. 20, the
time of the city hall meeting. he
had made thorough investigation
and he then declared his opinion
that the Haines Judgment is no
longer enforceable against the city.
He now submits to the people OF
Baxter Springs the following prin-
ciples of law with reference to au-
thorities) az being of controlling
force ir this matter:
At the outset let it be stated that
the property of municipal corpo.
ration FUSED for public purposes
cannot be cold by virtue of an exc
cution issued on Judgments rem.
dered against the corporation;'
hence, that nothing but the strictly
private property of the corporation
such as 10 charged with no public
trusts or uses. can be sold under
execution; 2 Dillon Munic. Corp
Sec. $40 This is a principle of uni
versal acceptance.
If execution Issue and there be no
private property owned by the city
found, il does not follow that the
judgment creditor is without fur
Their remedy; in such case he has a
right to demand of the proper city
officers that tax be levied to pay
his claim, and If his demand is not
complied with he may then compel
the levy of such tax by proceedings
in mandamus; and mandamus lie
the proper remedy; 2 Dillon Munic.
Corp. Sec. $50; IS Am. Decis. 5A
note; los U. s. 24S; 20 Wis. 81; 90 Am
Dec. $50; 90 Ill. $40; A. Mo. 1l6; 20 Ind,
6 Wallace 1913; 81 Wis. 57s; % Kans
$50; 90 Kan. 122; q Cal. 66S; 8 Kan.
App. 1872; 80 Iowa 49s; z Gnay (4ass)
$50; 80 10. 1s4; 8 N. Y. BIT; SO Pa. St
126. ~ N. J. Law o; So Pa. St 60; &c
La. Am. 7O5; IS W. Va. 1sl; 10 Wall
116.
1t is the general rule that after
Judgment where there 10 no special
provision to enforce the judgment
against q municipal corporation
to enforce the claimant must resort