Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1901-10-04
May Check the Greed.

Those vultures who have been so
gluttonously feasting upon the flotsam
of stranded business ventures, in the
shape of tax titles, will find something
that may interest them in the proceed.
ings now being had in Oregon. where
the statute is similar to our own.
District Attorney Chamberlain, says
the OfegOnida, refers to the act as one
apparently gotten up by tax-title
sharks to take advantage OF those
whose lands are to be sold without
more than constructive notice, and he
says it would be good thing if the
Sheriff would continue to make post.
poncments until the next Legisla-
ture can have a chance to change the
act in question and avoid the posi-
bility'o of counties being looted.
Mortgage companies and others, he
says, have been paying up these back
taxes, and SO long as this continues the
county authorities have no desire to
push the sale. Mr.. Chamberlain, in
his letter to Sheriff Frazier, quotes the
sections of the act regarding the sale
OF lands heretofore bid in for taxes, the
provisions of which have heretofore
been frequently published. and com.
ments upon the same as follows:
The act in question has been fruitful
source of trouble not only to those
throughout the State whose duty it is to
attempt to carry out its provisions, but
to the taxpayers as well. The ends
sought to be attained by some of its pro-
visions are praiseworthy, but as whole
it is a piece of crazy-quilt legislation,
gotten up apparently by certain tax-title
pirates to assist in defrauding the coun-
ties and school districts out of taxes
justly due and place themselves in posi-
ton to hold up and rob those whose
lands are put up and sold without more
than the constructive notice. The sus-
picion that this was the purpose of the
act is strengthened by the fact that no
one has as yet appeared to claim it's au-
thorship. 1t was doubtless bunglingly
prepared to hide its real purpose, and it
is almost impossible to intelligently con-
strue it in SO far as your duties are con-
cerned, and an attempted construction
can at best be but guess at what the
courts may hold in reference thereto.
You are required to sell the lands
mentioned in the act Gin manner and
form as upon sale under execution" In
cases of sales under execution, section
293, Hills Code, the Sheriff may post
pone the sale not exceeding one week
next after the day appointed, and so
from time to time for the like cause, Civ
ing notice Of every adjournment by pub
lie proclamation made at the time. The
Sheriff, for like causes, may also ad-
iOurn q sale under execution from time
TO time, not exceeding 80 days beyond
the day at which the writ is made re-
turnable, with the consent of the plain
tiff Endorsed upon the writ.
There is no question, then, but that
proceeding in manner and form as upon
sale under execution, the Sheriff can
postpone the sale from week to week,
but the difficult question is for what
length OF time can these postponements
be made. As stated above, there is no
writ placed in his hands. The statute
itself is his sole authority. No time for
making return is fixed by the act, and
no return is provided for, and hence the
section OF the statute governing execu-
tons in this respect cannot be applied.
It would seem, therefore, that the Sher-
iii may continue to postpone from week
to week for an indefinite time, "when
he deems it for the advantage of all con-
cerned to postpone the sale for want OF
purchasers, or other sufficient cause"
This is the safest construction to place
upon the act, and it would not be pub
lie calamity to continue to make these
postponements until succeeding Legis.
amend the act in question as to avoid
the possibility of the looting of counties
and taxpayers by the few distinguished
gentlemen in the State who make pur.
chases at tax sales speciality.