The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-19
HORACE SPEED
MAKES REPLY
Gives History of His Cattle Tax
Deal.
SERVED HIS GLEN S
Carried Out His Part of the
Agreement Fairly.
SERVED HIS CLIENT

county. Horace Speed, United States at
torney, has filed his, brief in answering
the case brought against him by the com
missioners of Pawnee county to recover
the fees which he received as special at
torney for former board of commission
ers OF that county 10 collect back taxes
on cattle in the Usage Indian reservation,
which is attached to Pawnee county for
judicial purposes. The brief sets forth
Mr Speeds side of the case and carries
with it the burden CT proof, attaching
thereto contracts, court records and tax
lists. which go 10 bear him out in the
statements made.
Mr. Speed denies each material allega-
tion contained in the petition of the coun-
ty commissioners. At the time Speed
made the contract with Pawnee county
| the board of commissioners was composed
of j. a. Beshears, chairman. r. w Dun
lap and w. T. Martin, with II. T. Craig
as treasurer. Mat Williams county attor-
ney, and E. NJ. Clark, assistant county
attorney They were in Office for the
years of 1899 and 1900, and had TO do with
the collection of cattle taxes as we'll as
| all other taxes for the years of 1898 1899
L
used then as it is now for the purpose of
grazing the herds belonging in most part
to Texas cattlemen, who claimed that
they did not have 10 pay taxes on their
stock in the Usage nation as they had
already paid the taxes thereon in Texas
and their view was upheld at every stage
in the game by the county attorney. Mat
Williams. with whom, however, The board
of commissioners disagreed; wherefore
the employment of Horace Speed as attor-
ney 10 collect the taxes for the county
At that time Mr. Speed was in private
practice. not yet having been reappointed
United States attorney for Oklahoma.
The owners OF the cattle, against whom
the taxes were assessed, were therefore
non-residents of the reservation or of the
territory of Oklahoma.
Speed denies that there was any con-
tract. agreement or anything of the kind
between him and any member of the
board of commissioners by Which re
would be assisted in securing the contract
to collect the back cattle taxes He says,
on the contrary. that he was solicited by
the board to take the contract and that
after several meetings he did make the
contract. by which he was to receive ~
per cent of all collected as the result OF
the litigation instituted by him; that this
was his contingent fee as well as The
main fee, az the county was out of money
and the attorney taking the case had 10
pay all his individual expenses while
enga geti in the work. The board at all
times maintained their right to employ
a special attorney to prosecute the coilec-
ticn, as the county attorney held that
such a collection of the said taxes was
illegal. He says the county attorney never
protested against the employment OF
Speed as an attorney, nor questioned the
right of the board to make The employ
ment but held that the taxes themselves
were illegal and could not be collected.
Under the theory that as the cattle had
been taxes in Texas they could not there
fore be taxed in Oklahoma the commits
sioners stated they had RENTED many
thousands of dollars in taxes but finally
disagreed with the county attorneys the
orv and employed Speed. Speed says the
county treasurer and sheriff desired The
taxes collected and did all in their power
10 assist him in the work. lie denies, too,
that he ever impugned the ability or hon
estv of the county attorney in the mat
ter. only stating that the attorney be-
lieved the taxes illegally assessed and
would not therefore attempt to collect
them.
Mr.. Speed states that the board empow-
cred him to make a compromise if posi-
lie. with the cattlemeu for the collection
of tlA taxes, for the full valuation for
1895 and for half the valuation for 1893.
and on this basis compromise was
l~C 4 x-fz cod h.. r-sT m
promise, as has been charged, but states
that such a compromise on the part OF
the board was highly meritorious, as had
the caJtlemen fought the cases out In the
courts, il would probably have been long
drawn out and in the long run the county
would have lost all the taxes. lie says
that all cattIemen who paid were iinme-
diately receipted, but that There were
some who did not then pay and so far as
he knows, since his employment ended
no attempt has ever been made 10 collect
from them He says that as fast as the
drafts from The catuemen in paying the
back taxes reached the bank his 20 per
cent was paid him and the other 50 per
cent wen. to the county; that thus he re-
oeived pay only for the money actually
collected and that Ihe records ef the
bank ard the tax lists In the county
clerks office substantiate his statements
fully. Both are attached to Speeds an
swer as exhibits.
Mr. Speed says that never before or
since has there been 50 great an amount
or so general a tax collected from the
Usage nation as during the time Of his
enpIoyment by the board, and he denies
in numerous places that Robert Dunlap
or anv other member Of the board OF
commissioners. had any interest whatever
with him in his fees received
The statements attached by Speed as
exhibits show that during the time he
was employed By the former bOard Of
county commissioners. for the tax years
Of lSs 1893 and 1aaa. there was collected
the sam OF sS5.5sI; that FOR the three
years following. or during the admins
tration OF the present board Of con-
rnissionsrs. which IS suing him. there has
been collected from the same source hat
s.5zI. or xss.se3 less than he collected f5r
the three years mentioned he shows thas
for the years of 1ss9 and I$o there we're
Ig71Is such cattle in the 0s2ge nation
valued II s, g. so: while that during The
past three years. during TIE adninist-a-
hon OF the presen; board there we're IL
25s cattle. valued az < SSseos showing
th4I Speed had less cattle from which -
collect the sss.@a taxes thsa the P-sser.,
board had. from which there waS collect
Cd Only sss sos taxes Il sl1ss resQect tha
statement of Speed and the showing made
hy him Is very strong He shows that IN
addition the county. through his coi!er-
tiors. cenved ret ssi-ess. ard from me
collections made o. str pre<sns board Of