The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-02-03
FARGO MAY SUE COUNTY
Continued From Page one.

time, however. the treasurers hav,
always claimed the fee.
In the settlement with the county
treasurer last month. City Treasurer
Mitchell refused to allow the count,
treasurer this commission, stains
that according to the amendment O.
1901 it was not within the latter.
power to collect it. AS yet the count,
and city treasurers have not made
their settlement for the month just
closed, but the city treasurer stated
To-Day that he would again withhold
| the commission If asked for it,.
The civil code Of 1899, in section
| 1895, says, "The county treasurer OF
such county shall thereupon collect
such taxes. (meaning city taxes), to.
gether with the interest and penalty
thereon, If any, in the same manner
as the general taxes for that year.
and shall pay over to the city treas
urer Of such city all sums so col.
lected, as fast as collected. and shall
take the city treasurer's vouchers
therefor, and the county treasurer shall
retain from the moneys collected for
each city, as fee to be turned over
TO the county, l per cent of the amount
so collected"
Chapter 149 Of the laws of 1901
made an amendment to this section
striking out everything from the semi
colon ID to the end OF the section.
According to this amendment then,
the county treasurers could not legally
claim the commission.
The states attorney says that he
will call upon the bondsmen OF the
tSeaAurers who were IN office during
thIa lime. to make the defense in the
case. Although the action will be
started against the county. it is un-
deoStood that II will be directed
against The treasurers. who were the
recipients OF the commissions, and
who gained the revenue since 1901.
City Allowed Commissions.
Several attorneys who have been
asked for their opinion oil the case.
have s'0ted that IL will be lmpos-
Stole for the city 70 collect from the
eT"'"urers, ms the city knowingly and
Willingly allowed these commissions
each month, and did so without pro-
test. Oth2r attorneys have countered
these opinions with the statement that
no agent of the city has ever been
g:'en the power OF right TO allow the
treasures Of the comfy .hese COM
missions, And as an agent OF the city
Ii WA not within their sphere to act
in This manner without the ciry's
consent.
On che back of the settlement sheets
Of the city treasurer and the county
treasurer, che Cass official has always
signed receipt for the commission
money. In no case has the Fargo
oficei signed any receipts from the
county treasurer, in the commission
affair, which would seem to indicate
conditions favorable for The city to act.
Former County Treas. Mayo stated
this afternoon that he had never be-
fore given the matter any, thought and
that ue was surprised TO learn of any
such action. THE collection Of the
has neve: oeen questioned
before" said Mr.. Mayo. "and has al
ways been considered a fee for the
treasurer in collecting special assess
ment taxes The people WAC paid these
special assessment .aXes, paid the COM
and not the city,"
Just when the action Will be brought
against the county IS aot definitely
known. but 1t will probably be brought
up at the next Eerm OF the district
court.