The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-01-23
CASE is LIKELY TO
CO THROUGH COURT
TO DETERMINE WHETHER MIN
ERs' FUNDS ARE SUBJECT
TO TAXATION.


ion in the district court of the coun-
ty. The Miners Association, through
their attorneys, will make answer to
the statements made unless the case
is withdrawn, and there seems little
likelihood that such outcome is pos
sible at this time. County Treasurer
George Thompson, who is compelled
by law to bring action against the
Mine Workers through the action
taken by John Davis, tax ferret, and
David G. Waggoner, his attorney,
states that he cannot well assume
the responsibility of dismissing the
case against the miners, as he is UNI
versed in the law, and as he does not
know whether the fund should or
should not be assessed. IL assess
able. the fund should pay its taxes,
and If not assessable the courts
should so rule. Mr.. Thompson be-
lieves that to determine the problem
one way or the other is outside the
limits of his authority. Even did
he dismiss the case such action
would, in all probability, not be final.
Mr.. Thompson brings the case sim
ply as the agent of the county and
in line of his sworn duty.
The Mine Workers will defend
their position in the case. Mr. Perry
appeared Saturday before the county
treasure to show cause why the
Mine Workers funds should not be
taxed. but it. was the ruling OF the
treasurer that the assessment would
stand and the matter would thus be
taken above him for decision. This
will mean "a hearing of the cause In
Ine district court.
In the first place before the begin
ming of the suit by the county, John
Davis, the tax ferret, determined to
make assessment against the funds
of the Miners organization. Mr..
Davis had prepared and sent to the
offices of the organization a notice
directing the officers to appear and
show cause why they should not be
assessed and taxed the amount OF
$16,63436. Upon receipt of the no
tice, President White and Secretary
Perry went to County Treasurer
Thompson and told him Of the facts
in their side of the case. Mr.. Davis
was consulted and an oral agreement
was made that the Nine Workers
should have further time to make
showing if the plaintiffs after consid,
ering the statements made and up
on looking up the laws should deter.
mine that such showing was neces-
sary. According to their statement,
the officers said that they had no OPP
portumity to prepare formal show
ing at that time, as they must be per
sonaHy present at a meeting OF the
miners interests at lndianapolis,and
then at Des Moines, where meeting
concerning the check and certificate
plan for payment of wages was dis
cussed, requiring a number of days.
The necessity of granting an exten'
sion of time was admitted and it was
agreed to grant the time desired.
The officers upon their return to
their offices here say they were sur
prised to find that the agreed extern
sion of time had been disregarded.
The assessment had been made with
out the knowledge of the miners Off
GERS. The time allowed in law for
appeal had also expired.
Supervisors Grant Extension.
Messrs., White and Perry then went
before the board of supervisors and
made complaint Of the assessment
and made full statement of facts "a
the case and showing of the nature
of the funds. The board thereupon
ordered of the county treasurer the
cancellation and satisfaction OF the
assessment which had been entered
against the miners.
The full text OF the order of the
board of supervisors touching upon
the matter is as follows:
Resolution.
BE 1t Resolved, by the Board OF
Supervisors in session this 18th day
of January, 1908, that George Thomp-
son, county treasurer. be authorized
and instructed to cancel and satisfy
assessment made on the 14th day OF
December, 1907, against John p.
White. ct al, trustees of District No.
10, United Mine Workers of America;
and that a new notice be served upon
said Trustees by said Treasurer OF
not less than ten days. to show cause
why they should not be assessed for
taxation for moneys and credits as
sessed for the years of 1903 to 1906
inclusive.
This resolution is passed Ill order
that the said District No. Is shall
have an opportunity to be heard be,
fore the County Treasurer"
This second appearance and show
Ing was made by miners officers on
Saturday afternoon with the above
result. Mr.. Thompson feels that he
is not justified III Diminishing the case
brought against the miners organ
ization ON the part of the county
through his name ms agent for the
county, and the next step VIII be q
hearing of the matter before the
court.
Miners viii Defend.
The Mine Workers have a number
of points in their defense that they
may use, some OF which were cited
in the showing before the county
treasurer and the board OF supervis-