The Ronan pioneer. [volume] (Ronan, Mont.) 1910-1970, 1916-01-21
TAX COLLECTIONS
WILL Be STOPPED

Declaring that the homesteaders on
the Indian reservation reclamation
projects are entitled to as considerate
treatment as has been given the Nor
thern Pacific and other roads holding
land grants, the federal government is
preparing to bring suits against three
western Montana counties, insisting
that they be permanently enjoined
from enforcing the collection of taxes
or any and all of the farm units Of the
Flathead reservation by selling their
equities or improvements.
This is the first suit ever brought by
the United States to protect settlers
on Indian reservation irrigation pro-
jects and to prevent them being COM
PEELED to pay taxes before they have
title to their lands.
The counties named are Sanders,
Flathead and Missoula. Each has en-
deavored to collect taxes from settlers
Oh the Flathead and have taken pre-
lininary steps to collect the evies,
Papers in connection with the suit
are being prepared in Butte at the
Office of the United States district at
torney and will be filed in the federal
court there.
It is stated that the suits will affect
the rights of settlers upon 100, 600 acres
Of land and those who may become set
tiers on units later, for the prime pur-
pose of the suit is to secure judg-
nsent in the federal court that will es-
tablish principal that no such lands
shall be taxed until the settlers are in
receipt of title thereto from the gov
eInment.
The chief counsel of the reclamation
department of the government at
Washington has rendered an opinion
that the lands in question cannot be
taxed until the title of the government
has been extinguished and the settlers
have their patents,
The suit against Sanders county is
brought on the relation of Benjamin H.
B-est, settler on the project in that
county; that against Missoula county
on relation of Edward l.. Reinhart,
ard that against Flathead county on
relation of Thomas L. McMichael.
The complaint says that these ac-
tons are brought in the interest of all
persons similarly situated in the coun-
ties named, or all settlers who have
not secured title to their land and whom
the counties may attempt to tax.
In Missoula county it is estimated
that between 100 and 200 such settlers
have already paid the tax, some of
them undersprotest, to avoid trouble,
and the county officers who are made
defendants in the suit as we'll as the
county, are advertising the equity in
'terests in the lands held by 3S others
for sale for delinquent taxes.
Similar conditions exist in the other
two counties. Seven delinquents were
found in Sanders county when check
was made there, and number in Flat
head county. In Missoula county, the
county advertises that it will sell the
equity interest of the unit holders in
the government land.
The opinion Of the chief counsel for
the reclamation holds that, if the coun-
ties can sell the rights of the home
steaders on such projects for taxes be-
fore he has title, they can defeat the
purpose of the government to dispose
of its lands by the homestead method. |
1t also holds that there is no way by
which corporeal improvements are to
be sold, since they cannot be separated
from the land, which belongs to Uncle
Sam till title is conveyed to the settler.
Answering the argument that it may
be years before title is conveyed by
the government and that the county
will lose taxes during that time, the
opinion says that for decades the Nor
thern Pacific and other railroads held
government land grants without pay
ing taxes because final conveyance had
not been made to them of the land and
that the homesteader on reclamation
projects is entitled to as considerate
treatment.
Notice of the suit has not yet been