Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-08-09
CONSPIRACY on Part Of Defend.
ants 70 Dsiraud the County
10 CHARGED.

Clarence e. WEIGH, "A. B. Baxter, Her
man F. Granner. Thomas Walton. n. F.
Garter. Ed n. Lundy. Martin Fleener,
J. ]. Carnahan. John Bilderback, AL
brook and Lundy, Hardin county, and
FleeneT. Carnahan and Bslderbeck. The
petition consists Of twenty-five pages of
typewritten matter s,and sets forth that
defendants, c. e. WEIGH Is auditor, and
IA. y. Granner, "A. b. Baxter and Tom
Walton are supervisors of Hardin coun-
~, and that Fleener, Carnahan and Bill
derbeck were q co-partnership engaged
An the business Of discovering property
subject to assessment which has not
been listed as required by law, and upon
which3tax had not been paid; that AL
brook e Lundy are q CO. partnership en-
gagged in the practice of law. and E. III.
Lundy was, up to Jan. ], 1901, county at
'torney of Hardin county; that on May z,
1900, said Fleener, Carnahan and Bilder-
beck made a proposition to and which
was accepted by said supervisors by
which said firm offered to examine the
books, vouchers and settlements in the
various offices OF said county and state
and ascertain whether or not there was
money due to said county and to report
to proper officers for collection money
found t0Sbe due, and to assist in the coll
lection thereof, and to charge for their
services sum equal to one-half OF all
Gums discovered and reported by them
and collected by the county officials Of
said county; that said pretended con-
tract Is void and in conflict with section
2, chapter SO acts of the twenty eighth
general assembly OF Iowa; that on the
same date and for the purpose of super
seding. the said pretended contract and
for the purpose of entering into a valid
contract with said county, said ferrets
submitted to said county a proposition
which was accepted, whereby said fer
.rets agreed to assist the proper officers
sof thegeountry in discovering property
not listed and assessed for Taxation as
required by law. and agreed to accept in
full payment Of their services under
such employment Is per cent OF the tax
seS paid into the county treasury on the
property discovered byE5them, said con-
tract providing Payment for services
to be made as fast az collections are.
made on said unassessed property" Said
ferrets entered upon their duties and
discovered and reported to the proper
officers Of said county and same was by
said officers listed and assessed TO the
persons liable the sum of about $4,000.
That on June 4. 1900 said supervisors.
with the knowledge and under the direc-
tion and advice of defendant E. II. Lun-
sdy, then county attorney and member
of the firm of Albrook & Lundy, and by
request and procurement of c. e. AL
brook and c. e. WEIGH, adopted the fol-
lowing resolution:
"Be 1t resolved, That we hereby em-
ploy G. e. Albrook as attorney for the
county to make collections OF the taxes
chat may be discovered by this county
! and its agents, Fleener. Carnahan & Bill
. :terback, and the penalties thereon; and
! for such services he shall be allowed the
sum OF is per cent of the amount recov--
;fred. the is per cent to cover all ex-
penses and costs.
And c. e. Albrook pretended to accept
the employment and act hereunder and
has flied with the auditor his claims for
alleged services as follows:
Jan. II, 1901 81 ,S37. 90
4 March I, 1901 Observation-Disclosures. 1.1S4. AS
April 8, 1901 Observation-Disclosures. 1692.26
!. June g. 1901 ....................... 1.051.76
July g. 1891 Observation-Disclosures. S20.S5
Said claims were approved by the
board and warrants drawn by the audi;
tor for several amounts on the treasur-'
or, who cashed the same. That said
county has a treasurer duly elected and
s5qualifiedtwhose duty II was to collect all
taxes voluntarily paid, or the payment
OF which could be enforced by sale, and
said treasurer has never appointed said
Albruok or In any manner employed him
to perform any service whatever in the