The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-08
jenkins HAS
BEGUN SUIT
WANTS TO RECOVER THREE
MONTHS SALARY.
Purpose Is to Have the Court Say
Whether or Not He Is Entitled to
the Office of Delinquent Tax Col
lector-Husband and Wife and
Their Daughter Sue the Scranton
Railway Company for Damages.
Marriage Licenses and Court
House News Notes.

city of Scranton to determine the val
idity of Mr.. Jenkins appointment as
delinquent tax collector by Recorder
Moir was yesterday filed with Prothon-
otary Copeland. Attorneys Nosburg
& Dawson represent Jenkins, and At
torney II. c. Reynolds is special coun-
sci for the city.
When Recorder Connell assumed the
duties of his office he came to the
conclusion that Mr.. jenkins appoint
ment was not legal and he told that
gentleman that he could not recognize
him as the collector until the courts
had approved of his title to the office.
Accordingly the facts filed yesterday
were agreed upon, Mr.. Jenkins seeking
to recover his salary for April. May
and June. claiming that he Is entitled
to pay at the rate of $1,000 q year and
incidentally to establish his right to
the Office. The statement Is as follows:
THE STATEMENT.
Now tIiS sixth day Of August. 1901, It is here.
hv agreed by and between the parties to The
above suit. tina; the following case he stated
for the opinion Of the court in the nature Of q
special verdict.
George w. Jcnkine. the plantiff in the above
stated case, was appointed by James Moir, the
then recorder Of the city of scranton, on the
,, ul & " N',, M is'i 'ii as as, .0'rSso, T W ",
of delinquent taxes, "a one Of the executive de.
partmCnts Of the said city, was created by pro.
vision a. Article 3, Section |. oi the Act Of .he
seventh Of March 1891 and on the day Of his
appointment he was sworn in by the then re-.
| cordcr as collector Of delinquent taxes by taking
the oath Of Office. and hc filed bond. a copy
Of which is hereto attached and made a part
thereof. and from that tiuc until the present
has been ready and willing to perform the duties
oi delinquent tax collector. and has from time
to time made demands upon ;hc city recorder
and tho other proper officers for books, papers
and for office room in the city building sn that
he might perform the duties OF delinquent tax
| collector; hut all Of the said officers have re-
fuScd to allow him TO do 50 or furnish him any
books. papers, or office room for that purpose
The salary ~ the heads Of departments rs pro.
! vidcd IN Section Of the schedule Of said act
| is 5000 per year, hut the councils may reduce
| the salary thereof to not less than s. 500, and
may (Articlc >. Section l. Act Of March :. 1901 }
| by ordinance provide that the city treasurer
may be appointed collector Of delinquent taxes.
| and that Articlc 20. Section g. SChcdule) where
| two departments arc consolidated under this act,
| the salary of the officer performing the duties
| Of said two departments may he reduced to
not less than $500. and the salary Of the officer
Of tho city Of Scranton, according to practice,
| are payable monthly.
| "
| hE'N'N.>lHAl l'.N olI'iNNN'f'
| An ordinance Of the city Of scranton was
n%d d,y ot XIII ,., con, y, nbi,h is ho,,.
| TO attached and made part Of this case stated,
which said ordinance was passed for the purpose
| Of recognizing the city government. In accord.
| anCe with the act Of assembly rcicrrcd to above,
| and to carry the same into effect, and for other
purposes set forth.
| section Of this ordinance provides "that the
| department 81 delinquent taxes shall he in charge
| Of one person. wl-n shall he the city treasurer;
he shall have charge Of the delinquent taxes"
| Section II of the said ordinance provides "thc
| Compcnsation Of the collector Of dclnoucnt taxes
shall be thrCc.fiiih Of per ccntum Of the amount
Of delinquent taxes on real estate, and 10 per
| ccntum u poll taxes by him actually collected
| and paid to the city treasurer"
| Section % Of said ordinance provides "thc city
| treasurer shall give surety company bond ia
| hc4 paid for by the city in the sum Of $50 90.
| similar in its conditions as those enumerated in
| Section 2l Of this ordinance; said bond shall hc
! 50 drawn as 20 cover his duties as collector Of
deIinqucnt taxes"
| The city treasurer has given the bond as re.