The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-08-26
LOWE TAX CASE
UP FOR REVIEW
Continued From Page Four.)

from Connersville, presented pro-
lect the money which | afterwards re-
covered for the city. At the meeting
of the Council, February 20, 1905, the
minute records show the following:
Proposition of Sylvester Meek to
collect this money was submitted by
the Finance Committee, and Mr.. Deu-
ker moved that the proposition of Mr..
Meek be accepted Motion prevailed.
Mr.. Leftwick then moved that the
City Clerk and Finance Committee
proceed and collect said taxes (Mor-
rison Estate). Mr. Norris also pre-
sented a communication from Mr.
Meek which was read and placed on
file
The council that made the above
contract had Investigated the proyis-
ions Of the contract and your city
clerk. Mr.. Taggart, had been unsuc-
cessful in making collections on the
adjustments made by myself for the
County and State. - t..,sc meeting of
was mentioned concerning the Nor
rison Case of the Clifford suit or pro
ceeding in any manner. l wish to
state in connection With this meeting
that Mr.. John f. Robbins, who was
then your able and contentious City
Attorney had made objections to the
letting of this contract until he, as
well as the whols council, found they
were unable to Eget the information
upon which to make their assess
ments for city Purposes and the inabil-
ity of their Clsrk and Treasurer to
make the collections. The council
then voted unanimously to award the
contract and Z have turned over to
the City mOref than S25 900 as a re-
suit of the contract, which they would
never have SECURED
The published opinion of the pre-
sent City Attorney, Alonzo NJ. Gard
ner, is to the Seffect that the contract
is invalid and that the courts have
so decided r defy the gentleman
named to shoV or recite any such de-
cision in thes State of Indiana and
on the contrary if he will look up
matters a littIf more fully he will find
that the case Eof City Of Richmond VS.
Dickinson, 15S Ind. page 345; So N.
E. Rep. 26O Under date of October %,
1900, by the sSupreme Court of this
State decides 1.-THE question of the val
idity of contracts by cities in unequi-
vocable terms.
The council minutes under date of
March 6, 1865, will show that Mr.
John F. Robbins presented his resig-
nation as City Attorney on account
of his having been the attorney for
the representatives, of the Morrison
Estate in the former adjudication. 1
asked permission of the President of
the Council sto say a few words,
which was granted, and l stated to
the council that l thought it proper
that Mr.. Robbins be excused and re-
quested that dur contract be read
which was done by the Clerk. II
then pointed ont the fact that under
our contract, should we need the SER
vices of an attorney, the City need
not pay a penny as we had agreed
and had a bond on file of $4,000 to
protect the Citw and to pay all att<r
ney fees and Other costs in the col
lection of the claims due the City.
A motion was made by one of the
members to the seffect that Mr.. Rob
bins resignation 1 be not accepted,
which was carried. | also stated at
that meeting, and l think all of the
members of the Council will remem-
Der my remarks Son that occasion,
that the matter dame clearly under
our contract and that | would proceed
with the collec tio4 of the claim re-
CARELESS of the acGon at the former
meeting of the council instructing
the Clerk and Finance Committee to
collect the claim. \ Mr.. BlickWedel
then moved to reconsider the vote on
motion made by MrS Leftwick at the
last meeting of the council Gnstruct-
ing City Clerk and Finance Commit
tee to place Morriso1 stock on dupl
cates.) Motion pre1ailed. The mo-
ton of Mr.. Leftwicl3 was then put
and not adopted.
l Immediately employed attorneys
in Indianapolis to make a brief on
the question of the former compro
mise in which the ads of former
council were attackedS in compromis
ing the revenues of tie municipality
| paid $500 attorneys fees for this
work and advice and fid not ask the
city to pay a penny tatil we fulfilled
our contract in which, we were to re-
ceive twenty per ce4t GOD of the
amount paid into TIE city treasury.
The records viii shqW on May I, 1905
that a bill was fila6 and allowed by
council regularly FOR the collection
of these taxes an9 the Clerk read the
in tho rreEancp 0f the (tity At
torney, AlonZ0<M. Gardner, who seems
to have forgotten that the claim had
been presented to him duly certified
by the City Treasurer and he was
asked if an appropriation was neces-
sary He gave it as his opinion that
all claims regularly drawn should be
allowed by council which was done
as shown by the records. Claims ag-
some $4,000 were allowed
by council, no appropriations having
having been made for any fund or
any part of these bills The new