Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-03-06
WALLACE
ATTORNEY
FOR CO.?

CONTINUED from Page u
have placed them in contempt with
the court, is as foows:
Bismarck, N. d., February 8, 1914.
IT. ID. Flaherty, County Auditor,
Bismarck, North Dakota. Dear Sir:
Several months ago this commission
instructed the sheriff of your county
to distrain- and sell an elevator in
your county belonging to the Great
western Elevator company, for the
taxes owed by the Great Western
Grain company The change in the
name having been effected through
a REORGANIZATION or by a new organ
ization. At the time Of the sale the
Great Western Elevator company
paid the taxes under protest to pre-,
vent a sale. Afterwards, upon the
recommendation Of the tax commits
sion, the taxes of the Great Western
Grain company were compromised
upon a basis of fifty per cent in the
counties of Barnes Benson, Cass, Ed
dy, Griggs, Kidder, Morton,
Pembina, Ransom, Richland, Walsh
and Trail, the same being all of the
taxes claimed against the Great West
ern Grain company. Under the con-
ditions which brought a compromise
in this matter, we do recommend to
the county commissioners of your
county that they repay one-half of the
tax SO collected against the proper
ty Of the Great Western Elevator
company. Yours very truly, North
Dakota Tax Commission. Ely George
Wallace"
The letter from the elevator COM
pany's Fargo attorney, which reached
County Auditor Flaherty at about the
same time as the Wallace letter, and
which is a request of practically the
same NATURE is given, as follows:
Fargo, N. D., February II, 1914.
Subject-Great Western Elevator
Company-Taxes. County Auditor
Bismarck, N. D. Dear Sir-Referring
to this matter and especially the let,
ter. of the North Dakota tax commits
sion, written you under date of Feb.
9th, we now, on behalf of the Great
Western Grain company, request that
the commissioners Of your county re-
fund to the Great Western Grain COM
pany one-half of the amount paid by
it under protest in connection with
the threatened sale Of its elevator at
Burleigh. viii you please draw the
attention of the board of commission.
ers to this matter at its next meet
ing and advise us of the action of
the commissioners? We will with.
hold bringing any suit until the mat
ter has been laid before the board.
Yours very truly, Watson & Young,
Attorneys Great Western Grain Co."
The resolution Of Commissioner
Patterson, which was adopted by a
unanimous vote of the board, and
which blocked all attempt on the part
|Of Mr.. Wallace to help save this tax
money for the elevator company. al.
SO follows:
Resolution Introduced by Mr.. Patter.
son.
Whereas The honorable George
Wallace, member Of the Tax Commits.
sion Of the State Of North Dakota
has filed with the Auditor a petition
to be presented to this board, which
;recites, among other things, that, up
on recommendation of the Tax Com
mission, the taxes of the Great West
ern Grain company were compromis.
ed upon a basis Of so per cent in vari-
Gus other counties of the state and
under the conditions which brought
ia compromise in this matter. the Tax
Commission recommend to the coun-
;ty commissioners of this county that
they repay one-half of the tax so col
lected against the property of the
Great Western Elevator company
and,
Whereas The Honorable George
Wallace, for the State Tax Commits
sion, interviewed as an attorney on
behalf of the state in the case Of
Bismarck Water Supply Company
VS.. Burleigh County and others; and
In the answer to the complaint stated
that the Bismarck Water Supply com
pany failed to appear and object to
the assessment of it's property in
1909 and 1910 at the meetings of the
City and County Board. of Equaliza.
ton and that therefore no correction
of said assessment or reduction of
same or rebate of taxes be made by
the County Board after adjournment
:of said Equalization Board and,
Whereas, The District Court in
and for the Sixth Judicial District
upheld this contention as made by
the attorneys in the case comprising
Honorable George Wallace Of the Tax
Commission and others. and further
held that said Water Company was
thus guilty of laches.
Nov Therefore, Be 1t Resolved
That it is the view of this board
that to refund the taxes at this time
to the Great Western Grain company
as requested by the Honorable George
Wallace would be placing its mem.
oers in contempt Of the District Court
Or at least In a ridiculous position. in
view of the proceedings had in the
Waterworks case, and the petition 1,
therefore denied.