The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-26

| George w. Jenkins, of West Scran-
ton. who claims to be the duly author
zed tax collector of the city, yesterday
began an action to collect $5,4l6.66 back
salary from the city for a period Of
| thirteen months.
| Mr. jenkins heretofore brought suit
and succeeded in having the Supreme
| court confirm a judgment for S1,250.
| The present case was brought for him
| yesterday by Attorneys Carpenter &
| Fleitz, and the statement in the case
| follows:
The plaintiff. George w. Jenkins claims
| of the defendant the city of Scranton,
| the sum of five thousand four hundred
sixteen and 66-1OO ts5,4lG.66) dollars, with
interest thereon from the times when the
monthly instalments thereof became due,
as hereinafter set forth which is justly
due and payable to the plaintiff by the
defendant upon the cause of action
whereof the following is statement:
The act of assembly approved March Z,
1901, entitled, "An Act for the Govern
ment of Cities of the Second Class"
created the department of collector of
delinquent taxes as one of the executive
departments of cities of the second class;
and provided that the collector of de-
linquent taxes shall be the head of such
department.
1t also provided that the city recorder
of existing cities of the second class shall
appoint the collector of delinquent taxes,
without the consent of the select coun-
Gil, and fixed the compensation of the
heads of each department at an annual
salary of five thousand dollars, to be re-
ceived out of the city treasury.
The city of Scranton is and at the date
of the approval of said act of assembly,
to wit, March {, 1901 was, a city of the
al, -, ,;,,..
of said act: and on the first day of April,
1901 the plaintiff, George W. jenkins. was
duly appointed collector of delinquent
taxes of said city of Scranton by James
Moir, recorder Of said city, and upon
the same day. he the said George w.
Jenkins. was sworn in and filed his bond
and became duly qualified as collector of
delinquent taxes and head or the depart
ment of delinquent taxes of the said city
of Scranton
He thereupon signified his readiness to
fulfill his duties as such collector and for
that purpose, at various times demanded
from the persons having possession there
Of, the books and papers necessary to
enable him to perform such duties: and
he has at all times since his said ap-
pointment unto the present. been ready
ard willing to perform the duties of COL
lector of delinquent taxes of the said city
of Scranton. And although he has never
been removed from said office, the said
city of Scranton, by its recorder ard
other officers. has refused. and still re-
fuses, to permit him to perform his du-
ties as collector of delinquent taxes of
said city, or to have the books and
papers necessary for such purpose.
The said plaintiff further shows that
on August Z, 1901. he brought suit in the
court of common pleas of Lackawanna
county for his salary as collector of de-
linz f1vn for fhn n
April, May and June. 1901, and recovered
judgment for the sum of $780, and he
AYERS that no part of his salary has been
paid, though often demanded, and there
is now due him, in addition to the sum
for which judgment has been recovered.
as aforesaid, the further sum of five
thousand four hundred sixteen and 66-1CO
(s5,4l6.66) dollars, being his salary for thr
teen months. from July l, 1901 to August
/, 1902, together with interest on the sew
eral monthly installments from the time
they respectively became due, to recover
which this suit is brought.