La Junta tribune., 1915-10-30
HIGH SCHOOL CASE DISMISSED.
Coaaty Trcasarer Cannot Be Reqair-
ed to Refund Taxes Already Col.
lected 10 Any Taxpayer.

~O~sS AsoH1H SUD14N ~ beSV0A1s
ed to Refand Taxes Already Col.
lected 10 Any Taxpayer.
In the district court last Tuesday
Judge Rizer rendered an oral decis-
ion In the case Of Joseph Belier. and
about thirteen other taxpayers out
side Of School District No. II. YER
sus BENZ. @. Wilson. county treasur-
Or Of Otero county. In which they
seek 10 recover taxes paid for the
support Of Union High School No. l
located In La Junta. The case was
dismissed on the ground that when
any one brings suit to recover tax
es which he has paid, and which have
since been declared erroneous or H.
legal. he must bring his suit against
the board Of county COMMISSIONS
and not against the county treasurer.
This case has been hanging fire
for three years and during that time
several taxpayers have been paying
their taxes each year for the support
Of Union High School No. I under
protest. Paying taxes to the county
treasurer under protest amounts to
nothing and gives you no standing
In court or anywhere else. The
county treasurer has NO authority to
inquire into or question the legality
Of any tax. His plain duty 10 to col
lect the taxes certified to him BY the
county assessor. and having collect
ed them pay them out to the parties
entitled 70 the same. Notwithstand-
ing this fact. however. the county
treasurer has been dishonoring the
warrants Of Union High School No
One on the ground that some Of the
money paid In taxes for the support
Of the high school might have to Be
returned 70 the taxpayers II q deci-
siog y ~ esse vas given In favor Of
ths VQaiatlff. aad this dssplte the fact
that there was plenty of money In
the high school fund 70 ~ al d.
maAls. The cousty tseasurse doss
- knos ~ enst saseal otSAe t1sss
tat have bssn paiA uadss protest.
but 10 Of the opinioa that Il viii mot
amount 70 more than 5000.
Only those who have paid their
taxes under protest will be able 70
recover In any event. and this will
have TO be done BY filing = claim
With the board Of county commission
ers. II the county commissioners re.
fuse TO allow the claim the only re-
course Of the agsrieved taxpayers
will be 10 bring suit against them.
The Rocky Ford newspaper who
have been gloatinG over the alleged
fact that School District No. II Will
have 10 refund all the taxes paid for
the support Of Union High Scnool No.
One ever since Il was organised years
and yesrs ago. which they say will
amount TO $4,000 or $4,000. will
have 70 buy . new Burroughs adding
machine aud do some more figuring.
II 10 not the intention Of the directors
Of School District No. II 70 refund
any Of the taxes paid-unless the
highest court In the state says that Il
must be done-and In any event this
will not be more than $500. the
amount alleged 10 have been paid m
der protest.
slnce the oral decisioa IN the case
was givss by Judge Riser hast Tues.
day be hes filsA . writtsa opiaion.
sad The Tsibuss n IN recsips Of ~
advance COPY through ths courtesy
os Jsdss Riser. Which 10 herewith siv.
% IL fall:
Bslisr vsssus Beajaaia O. wilsoa. %
County Treasurer q Otsso Couaty.
Colombo.
This action was iastitutsl ty The
plaintlfi. . Taxpayer. 70 soJosa the
collsetlos Of . tax q thres aud ons-
half mills lsvisA for ths year 1913 ty
shs hoard Of county coanissloasss q
Otero couasy. Colombo. usdss ths
laws Of -. paee le3. ssettoa -. ~
% The property os piaintiff situated
10 ochoej District No. .. TIE tax was
isvte1 fes ths ssppost Of usiea hish
seAeel located ae the .couaty seat. IL
juata, ed which high scAool hs1
besa oesanlssd % Unloa Hlsh School
NJ. I. - Masch 80. 1895. usdes sse-
~ sseS. 3 u. 4. .. Ths cesaty
sees was all Deeassl II ess sehool dis.
sssee. tslss disestse No. II. After h
~ ~ bsss jslne1 o. The eonplaist.
~ D0alaeiff fi0e1 . ssDlleatiea 80.
ealaloe ~ OasaesaoA:
pIslA-Nee susehes seoay y sall
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