Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1903-09-18
Must Sell at Any Price.

An attorney in Portland has taken
the preliminary steps for testing the
validity OF county officers placing a
minimum valuation upon property
bought by the counties for delinquent
taxes when it is put up for sale. Mr.
Mr.. Schnabel, the party referred to-
contends that as the act OF 1901 pro-
viding for sale of property previously
bid in by Multnomah county for taxes,
states that it shall be sold to the high
est bidder, and gives no right for the
Commissioners to fix an upset rate,
covering the taxes and costs that shall
be the starting bid on each tract Of
fered for sale. The county authorities
taking different view, placed the
minimum bid on certain tract at
$9.Sl. Mr.. Schnabel offered one dol.
lar, as a bid for the property, which
was refused by the Deputy Sheriff
conducting the sale. On that action,
Mr.. S. appeals. He holds that while
there is suggestion in the first Sec
ton of the Oregon law to the effect
that bid should cover the amount of
tax and costs, he did not regard it as
controlling, and he thought that the
Sheriff could be made to accept bid,
irrespective of the amount.
As this case involves a question of
great importance to our people who
are facing the fiery ordeal OF q proceed.
ure which looks very much like con-
fiscation, the writer has submitted the
point to a leading law firm, who I'M
hesitatingly endorse the contention of
the institutor of the Portland case,
and the laws of this State and Oregon
being very similar in intent and man.
ner of procedure prescribed, will apply
equally well here. Messrs. Israel e.
Mackay have made this written reply
to an interrogatory submitted with
statement from the Oregonian, of the
Oregon case. They write:
In answer to the question, Have the
County Commissioners any authority to
place minimum price on property ac-
CURED for taxes when they offer the
q a f,,r CoInc Wn
no authority conferred upon them bv
law for so doing. Our law on the sub
ject is found in the 1903 session laws
page 7s. This act, amending all previous
acts on this subject, provides that all
real property acquired by the different
counties for taxes, shall be subject to
sale by order of the board of County
Commissioners, at any time after the
county shall have received deed there
for, when, in their judgment, such sale
would be for the best interests of the
county. After providing the manner in
which the sale shall take place, the act
provides that "all sales SO made, shall
be for cash to the highest and best bid.
der at such SALE" Under this law. the
highest and best bid must be accepted.
They have no authority to reject such a
bid. Should they refuse to give a deed
to the highest and best bidder" thew
could be forced to do so by a writ Of
mandamus.
At the present time, the County Com
missioners of this county have a blank
form of application, which provides that
the person at whose request the property
is advertised will bid certain price. not
less than the assessed value.
This is not bid, and cannot be so
regarded. 1t is merely an application to
the commissioners to influence them in
deciding to put the property up for sale.
Ii the applicant fails to bid the price he
agreed to. the property goes to the high
est and best bidder, irrespective of such
ISRAEL & MAcKAY,
By GORDON MACKAY.