La Junta tribune., 1914-04-04
lsONE DRla0CRAfiC BUNOLlN0


Oaese Coanty WIN Have to Reeu.a
TAxes 70 tAe Anosat a oio,0oo
- Two lsrlesaioa Disesieas
In accordance with . recest deci-
sion Of the supreme court Otsro
county will have to refund shout
$1o.s00 70 the Otsro and Holbrook
Irrigation Districts this year. or else
pay eight per cent intsrsst on the
amount Of the judgmeat awarded
sattl paid. Under . recent dscision
Of the supreme court In the case OF
the Board Of County Commissioners.
appellant. ~. The Otsro Irrigation
District. appellee. the judgment rem
dered BY Judge Riser in the district
court was affirmed. The amount OF
the judgment. awarded in the dis
trict court on February 6. 1911. was
$s.140.73. and this amount. with In
tersst at . per cent from the date Of
Judgment will have 70 b paid to the
Otsro lSTigation District. +.
BY stipulation the county commits
sioners agreed to abide By the dsci-
sion In this case In = dmilar suit
that was 70 have been brought BY the
Holbrook Irrigation District. In this
case the amount sought to b recov-
cred was S3.l7s.3s. and this anount.
with interest at eight PER cent from
the date Of the judgment. February
8. 1911. viii have TO b paid BY Otero
county 70 the Holbrook Irrigation
District.
The question involved in the case
was ~ 70 the right Of the county
treasurer Of Otsro county. acting ex-
officio ~ treasurer Of the Otsro lr-
rigation District. to withhold from
the taxes collected By him belong.
ing 70 the irrigation district. the
sum Of one per cent. or any other
amount. ~ . commission. Under
The Law OF 1905. which has 70 do with
the dutiess Of the district treasurer,
II b provided that the county trea-
surer shall not recsive any commits
sion for the collection OF sajd district
taxss. o. any sxtsa eoaDsasaGion for
aetiag - sucA distsics tssasurss, Oh.
sr thaa ths regular aalasy q sueh
esaaty egeaGDeof e1--Als. sssossfivs
nnmR.se u sses. wlr-s - = : =
h 3Ses a. ~ ~ snsuSed asd
II vas Drovided hat the .county
treasursr shall receive - bis sole
co0psssation for The collsctlou Of
such taxes such amount a. the board
Of directors may allow. to be not
less than e3s. nor more than 900.
which compensation shall be consid-
ered ~ part Of the regular salary
Of such county treasurer ~ provided
BY law
This Law appears to be quite plain
TO the ordinary mortal. but notwith-
standing this fact the county CON-
minsioners went to law over the mat
ter. and after LOSING out In the dis
trtct court appealed the case To the
supreme court aud lost out again.
q. n. Cameron was the attorney In
the case for the county commissions
ers. aud the Otero Irrigation District
was represented by Fred A. ssbin.
The Otero Irritation District
sought 70 recover the sum Of Ss.s
ssi.ss. the contention being made
that no portion Of the moneys b.
longing 70 irrisatioa districts should
b withheld by the trsasursrs either
for their own remunssalion or -
source OF revenue for The counties.
but Judge Riser In his decision a.
lowed the county the sun Of esll.is
for ths collection Of the district taxss
from the date Of the organisation Of
the Otero Irrigation District until
July I. 1919. and this vas deducted
from the amount sought 70 b rscov-
cred. es.ssl.ss. leaving ~ amount
Of the judgment. es.llo.7s. which
will have 70 b. paid oHt Of the taxes
Of Otsro eounty. With interest at
elght per cent from February 8.
1911. the date whsn the decision vas
rendered By Judse Riser. Including
the amount Of the judsmsst In both
irrigation districss. With the inter.
est. couFt costs and attosneys' ices.
0ssro county Will have 70 punsls W
sbout $4,000 hs rssslt Of the bull-
hsadsdnsss Of the democratic hoard
- county eomnissioasss. what .
levsly alnlnisesseSoa e county aS-
ialss ws have he'd dusiss ths Dasl
- yeass-sow that our taxss ase
t1eeoaelag wteh eaeh sueese1lsg yeay
an1 all eeuaty wasFaals ~ ssota-
eese1 - lsawing latsesss = ~
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