The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-08-17
WOULD STOP PAYMENT OF Fees
Suit is Started by H. w. Bolens
of Port Washington in Order to
Stop ANY Possible Workings of
the New Law.


taken at Madison on Thursday when
Carpenter & Poss, as attorneys for
Harry w. Bolens of Port Washington,
filed a petition with Attorney General
Bancroft, praying that he would move
in the supreme court at the opening
of the September term for leave to
bring action to enjoin Secretary OF
State Frear from auditing the salaries
and bills Of the assessors of incomes,
State Treasurer Dahl from paying any
such bills or salaries and the members
of the tax commission from appoint
ing any assessors, deputies or assis-
tants and fixing their salaries.
The petition was refused by the at
torney general and Immediately filed
with the supreme court by the petit
toner who will bring suit in his own
name.
The matter will be taken up when
the supreme court meets ON Sept. IL.
After setting forth that James A.
Frear is secretary Of state; that A. IL.
Dahl il state treasurer, and that Nils
P. Haugen, Thomas D. Lyons and
Thomas S. Adams are members of the
tax commission, the petition sets forth
that Harry W. Bolens, the petitioner,
has for many years paid at Port Wash
ington "a large amount of money for
state, county, city and school taxes, -
that the legislature passed the income
tax law, a copy of which is attached
to the petition; that it was approved
by the governor, was published and
became law; that the tax commission
"have threatened and do threaten to
appoint assessors and boards of review
in different counties, to fix their sal
aries, and is about to appoint K. K.
KEENAN, as the head of the income tax
bureau" who is to prepare blanks and
prepare rules and regulations for the
assessment of incomes, all of which will
be done unless "they be restrained by
an injunction issued out of the supreme
court from performing such acts' >,
It is further claimed that the said
chapter and certain sections enumerat-
ed are null and void on account of
being in violation of the state and
federal constitutions, in that they i'm
pose retrospective tax "upon a
source of taxation never heretofore
taxed in Wisconsin, thereby depriv-
ing many persons in the state of "cer-
tain inherent rights Section 10S7-m
[ it is claimed violates article /, Sec
ton /, of the Wisconsin constitution
in addition to imposing retrospective
tax, as it deprives the petitioner and
others of their property without due
process of law and violates the rule
that taxation shall be uniform
Wherefore, because of the allega-
tions herein and of the wrongs com
planned of and to protect himself and
all other persons similarly situated, and
to protect all taxpayers of the state
of Wisconsin against the threatened
invasion of their rights and liberties
as aforesaid, and for as much as all
said persons are remediless in the prem
ises without the inteTposition of the
supreme court of this state, your pc
titioner prays the honorable, the at
torney general of this state, to move
in tie supreme court thereof, at the
opening of said court, on the twelfth
day Of September, for leave to bring
an action in said court against the
said James A. Frear, secretary of state
of Wisconsin, TO enJoin him from audit
ing the bills, salaries and compensation
of the said income tax assessors, depu-
tics and assistants and county boards
of review, and of the said Kossuth
Kent KEENAN,, or any part thereof, and
against the said Andrew FL. Dahl, state
treasurer of the state of Wisconsin. to
enjoin him from paying such bills, sal
aries and compensation or any part
thereof; and against the tax commits
sion of the state of Wisconsin and
its members, the said Nils P. Haugen.
Thomas ID. Lyons and Thomas S.
Adams, to onjcin it and them from SO
appointing the said KEENAN, and from
selecting or appointing such income
tax assessors or county boards of re-
view and from fixing their salaries or
compensation, and further to enioin
the aforesaid parties and each of them
from taking any steps whatever in
pursuance of said chapter 65S Of the
laws Of the state of Wisconsin for 1911
and for such other further order, de.
cree, judgment or relief, as to the said
court shall seem just and equitable
needful and right in the premises, so
as to fully protect and secure the. said
rights and privileges guaranteed TO the
people Of this state by the constitution
Of the United States and the amend
ments thereto and the constitution of
the state of Wisconsin and the amend
ments thereto