Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1915-05-28

L ivy ANSWhhh w w
f H Anterior 3 SO
] H Young 10 ID
w H Pharr 16 so |
w H Pharr GA SO |
Floy Newkirk IL SO
At this time the board approved
the bonl of A H Cosner, overseer
Of road district No Ia
Report of w II Pharr, foreman of
w F Pratt road in district No II APP
proved
Orofino, Idaho, May Ia, 1915.
Minutes of May 10, 1915 read and
Claims allowed for road work:
A Snyder, dist No. 5, general
road fund Is or
Peter Vanairsdale, dist No 20,
general road fund 81 81
Peter Vanairsdale, dist No TO-
general road fund II SIS
Ernest Beck, dist No 9, district
road fund 532
At this time the following COM
munication from the county attorney
was presented and read to the board:
To the Honorable Board of County
Commissioners Of Clearwater County,
State of Idaho.
Gentlemen: am in receipt of
communication from the Northern
Pacific Railway Company with refer
ence to a proposed settlement of the
suit of said company against Clear
wtater county involving the taxes. on
their property for the year 1918, in
which it is asserted that 1000 acres Of
their lands were valued for taxation
at $81, 900, and taxes extended thereon
in the sum of $l,293 80 and that upon
the basis upon which other lands were
assessed, the lands should have been
assessed at not to exceed $50, 375,
upon which the taxes should have been
$485 Is, leaving an excess of 1908 "a.
Also proposing settlement of the
taxes for 1914 involving 10,2O6. 06
acres, valued at $181, 479, and taxes
extended thereon in the sum Of So,
GAG, 80. They contend that these lands
should have been valued at not to ex-
coed $126, BATS, upon which the tax
would have been $2.532.28. which
amount they rendered, SO that they
claim excess for the year 1918, $808. IA
Excess for the year 1914, lila. So
Making total excess of 1923. 26
In spirit of compromise and with
out waving any contention that they
have made they propose that>H the
county will accept the amount Of
their tenders, to-wity $3O17. SO, plus
one-half of the difference, to-Ait
1851. SO, total of $3979. 16, that they
will settle upon that basis and wiz
also abandon certain claims for al
legged illegal levies in school districts
No. 20 and 20, for the year 1914
amounting to $226. 49,
Inasmuch as the>tase involving the
taxes above referred to for the year
1913 was, blythe plaintiff, the N. P.
R. R. Cs., taken to the Supreme
court~6n a demurrer interposed by the
county to plaintiffs complaint, ant
the Supreme court overruled th<
demurrer, holding that the complaint
J was sufficient and that the allegation,
show an unlawful, illegal and fraudu
liant discrimination by the Assessor il
assessing said property THAT the fact
alleged in the complaint, if proven
would establish frand as conclusion
Of law; that where an assessor by
systemat c, Intentional and illega
method assessed property at more thai
4 double what he assessed other prop
4 ertY<of the same class and value, b.
psfpetrates fraud from which
court of equity. upon proper appli
cation, will relieve; and inasmuch a
the valuation placed upon the sam
, lands for the year 1915, under tn
, Nease cruise, is SOL, 62l, as agains
the alleged arbitrary valuation 70
, 1914, $l8l, 479, il would seem that tn
county would be up against har
. proposition in endeavoring to prov
that said lands were in fact worth
for assessment purposes, $751;, AIS
when its own cruise. made at an enoI
} nous expense, shows that said land
were in fact worth but SOL, 62l.
} Under the circumstances it seem
to me that the proposed settlement b
) the railroad company is liberal on
and should be accepted by yo,
D Honorable Board.
Very respectfully,
0 (Signed) F. E. Smith
i Prosecuting Attorney.