The Richmond climax. (Richmond, Ky.) 1897-1914, 1906-02-21


cured by reason thereof, or that these
defendants are equally or at all bound
for the alleged unlawful or wrongful
acts complained of.
He denies that there were any unlaw-
full or wrongful acts committed in the
premises on the part of these defend
ants and, therefore, denies that the de
PENDANTS, or any one oil them, are
bound tor any such alleged unlawful or
wrongful acts.
Further answering, this defendant,
Cobb, says that the Madison County
Fiscal Court, composed of the Judge OF
Madison County Court and eight JUS
tees of the county, all duly elected and
then acting, made and entered into
three distinct and seperate contracts
with this defendant, whereby the said
court empowered, authorized, and ordered
defendant to collect back taxes and
promised, agreed and ordered that for
and in consideration of hisservices rem
dered in the collection of such back
taxes this defendant should have an
amount equal to 333 per cent of the
taxes recovered by reason of this de-
PENDANTS work, efforts aud attention
under the said contracts and orders.
These said contracts and orders
were entered OH the records of the
Madison County Fiscal Court in the
Madison County Court clerks office,
and when entered, they became pub
lie records open to the inspection of
all men, have continued to be, were at
the time of the institution of this suit
and will ever be permanent memorials
of these said transactions.
These said orders are in words and
figures as follows:
Order No. l.
Madison Fiscal Court.
May Term, June 9Th, 1898.
1t is ordered that the county attorney
J. Tevis Cobb, is authorized on behalf
of Madison County to institute suit to
compel all corporations to pay any back
taxes due Madison County authorized
TO institute such proceedings against
other delinquent tax payers as he may
regard necessary to recover same, and
he Is allo,oed 333 per cent Of the tares col
lected By him under this order"
See Madison County Fiscal Court
Order Book No l, PIP. 6O6-7);
Order No. ..
October Term, Oct. 7;h. 1902.
Court met in regular session, Hon.
NIB. Turpin, Judge presiding. Pres
ent: J.D Dykes, Thomas Williams, J r.
Berry, S.H. ane, William A. johnson,
James Lunsford, Collins Coy and DIT.
Boyle.
1t is hereby ordered by the court that
J. Tevis Cobb, County Attorney of
Madison County, Kentucky. be and he
is heTe:y employed, authoriz ed and di
rected to take such legal steps as he
may deem necessary and proper in be-
half of Madison County, Kentucky, in
defense the of said Louisville and Nash
vile Railroad Company VS.. Gus G.
Coulter, Auditor. ct al, constituting
the Board of Valuation and Assess
ment, now pending in the Circuit
Court of the United States for the
Eastern District of Kentucky, at
Frankfort, for an injunction against
the apportionment and certification
for legal taxation by the counties,
municipalities and taxing districts into
or through which the lines of said Rail
road Company run, of the assessment
by said Railroad Company to the extent
of So, 757 744S4. He is directed to
watch the interest of Madison County
and to protect her interests in this
matter.
For his legal services in this said suit
in the court aforesaid and in any other
court to which same may be carried on
appel, and for ary work and care,
supervision and attention he may eX-
ercise, the said Cobb shall be paid
contingent fee, or an amount equal to
333 per cent. of the sum in tax collect
ed and received by Madison County,
by reason of the defeat of Madison shall
receive nothing for his services and
and the county of Madison shall be
put to no expense or costs whatever in
the injunction, as prayed for. if said
suit shall be granted on final hearing
The said Cobb may if he deems
proper interest himself in the said suit
in Frankfort without making Madison
County party and render services in
this way, if he thinks proper; but if he
shoul deem it necessary, he may in
addition to the services last indicated,
make Madison County party to this
action, may conduct the litigation to
final termination. For all of his ser
vices the said Cobb shall receive the
aforesaid compensation"
(See Madison County Fiscal Court
Order Book 2-2, pp. 4sO-1);
Order No. 3.
Madison Fiscal Court.
Oct. Perm, Oct LIST, 1901.
The County Attorney. shall be fur
nished with an office aud paid salary
of one thousand dollars per annum.
The County Attorney shall have as a
further part of his salary an amount
equal to 335 per cent. of whatever back
taxes. whether franchise, property or
poll tax from individuals and corpora
tons, that he collects or causes to be
collected from year to year"
tSee Madison County Fiscal Court
Order Book No. ?, r. 34O);
This defendent SAYS that under said
order No. he was authorized to in
stitute suit to compel ali corporations
to pay any back taxes that they might |
ows 70 Madison County, and 70 take