The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1915-05-17
Judge Stanton Decides That Sheriff
Johnson has Right to Sell Stock
Unless Assessments Are Paid.
MEANS COLLECTION OF $40, 367 80
Covers 1914 Personal Property Tax
on $4,000 Worth of Material
Same Ruling in Koochiching.

Same Ruling In k00chlchlng.
Judge G. w. Stanton in a decision
filed today denies the request of the
International Lumber company that
temporary injunction be issued en-.
joining Andrew Johnson, sheriff OF
Beltrami county, from selling any OF
the property of the company at the
Spooner mill for the purpose of pay
ing personal property taxes, amount
ing to $1O,367.29. Judge Stanton
also orders that the restraining or
der issued following the action OF
Sheriff Johnson when he levied on
the property, be vacated, annulled
and discharged
Given Twenty-four Hours.
In addition it is ordered that the
decision shall take effect and be in
force 4S hours after the service of
notice upon Harris Richardson, at
tOrney for the lumber company, of
the filing Of the order. 1t is not
likely that an appeal will be taken
to the supreme court and it is the
opinion of officials that the tax will
be paid
Restrained Sheriff.
90
company to pay the tax warrant
for the collection was given by Fred
Rhoda, clerk of court, to the sheriff,
commanding him to collect that amount
with penalty and COSTS This the
sheriff did, making a seizure of the
property and declaring his intention
to sell it under provisions Of the law
to enforce the collection
The Company in Court.
The International Lumber company
then instituted action against Bel
trami county and Andrew Johnson,
the sheriff, to restrain the sheriff
from selling the stock of lumber on
the ground that the tax was illegally
levied and that the warrant was il
legal and prematurely issued and
claiming that the state tax commits
sion had illegally increased the as
sessed valuation of the property with
out notice to the lumber company.
Graham NJ Torrance, county at
torney, answered the complaint and
claimed that all proceedings in the
matter had been in strict accordance
with the law. He represented the
county when the motion for tenn
porary injunction was argued here
a week ago, and also assisted Franz
Jevne, Koochiching county attorney,
when the indentical proposition in
volving that county was argued be-
fore Judge Stanton in St. Paul.
Same Decision Given.
Judge Stanton's decision covers
both the Beltrami and Koochiching
county matters. In Koochiching
county the action was brought by
the International Lumber company
and the Minnesota & Ontario Power
company, involving about $4,000 in
taxes.
Memorandum in Case.
In his memorandum Judge Stanton
says:
I'm asking for this temporary in
junction the plaintiff seeks to enjoin
the sheriff from proceeding under the
provisions of Sec. 207S, G. S. of 1918
to distrain the goods and chattels OF
the plaintiff and to sell the same tC
enforce the collection of the per.
sonal property tax of the plaintiff
for the year 1914.
"This tax became delinquent or
the 1st day of March, 1915. It re-
remained unpaid on the LIST day Of
April, 1915, and thereafter, and no.
later than the sixth day of April
1915, the county treasurer filed will
the clerk of court his certificate tha
said tax still remained unpaid. Thi'
certified list became 'prima facia evi
dence that all the provisions of Law
in relation to the assessment ant
levy of such taxes have been com
piled with Sec 2O77, G. s. 1913
Failed to Use Privilege.
1.-THE plaintiff failed to avail itsel
of its statutory right to file an an
swer setting forth it's defense or oh
lection to the tax against it, on o
before the tenth secular day afte
the filing of the said list. In fact
it was not until after a distress war
rant had been placed in the hand
of the sheriff and demand had bee
made by him for the payment of tn
tax-and later than the twentiet
secular day after the filing Of tn
list-that any answer at all was in
terposed.
Reason for Injunction.
I'm the meantime, the tax havin
not been paid and no answer having
been filed, the clerk, on or before tn
22nd day of April 1915, issued an
placed in the hands of the sheriff hi
warrant for the collection of the tax
Subsequently, acting under the war
rant, which was plainly and conced