The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1919-07-10
Railroad Administration Starts
Case Against County Treas
urer to Recover Big Sum
of Money.
ALLEGES TAX LEVY
ASSESSED ILLEGAL
Points Out That Amount Was
Paid by Company Under Pro
test to Stop Sale of
Property for Tax.

Excessive and Illegal taxation of
the companys property in Grady
county is alleged in a suit, wherein
Walker D. Hines, director general of
railroads, and the C. r. |. & P.
railroad is plaintiff and l.. A. Sand
ers, as county treasurer of Grady
county, is defendant, filed yesterday
in District court
The petition sets forth that Grady
county made an estimate of the re1
quired needs in the construction of
roads and bridges under the head and
title County Road Construction
Fund.- and thereupon made levy
of 2.S5 mills upon all property in
said county taxable upon an ad va
loren basis This was for the fiscal
year beginning July dst, 1918, and
ending June Goth, 1919.
1t is further alleged by the com.
pany that a levy of 2S5 mills was
and is unlawful and excessive and
that~a levy of 25 mills may be legal
ly levied, assessed and charged
against said property so taxable.
Would Recover $s,315.6o.
Continuing, the petition says:
THE total assessed valuation of all
property of said railway company in
Grady county is $3,19S,311.0O, which
valuation, with a levy of 2.85 mills
produced the sum of $9,115.1S That
levy of rs mills, applied to said
valuation, would have produced
$799.58, which sum would have been
legal and valid tax against the
property Of said railway company.
THAT the sum Of $8,31560 repre-
sents the difference between the ex-
cessive and Illegal levy Of 2.S5 mills
and the proper and legal levy OF 25
mills, applied to the property of said
railway company in said county, and
said plaintiff alleges that the said
sum of $8,315.60, levied and assessed
against the property of said railway
company, is excessive, illegal and
void"
Sanders Threatens Issue Warrant.
The petition goes on to point out
that on or about the 18th day OF
June, 1919, the plaintiff, being in.
formed that it was tn eintentions of
the defendant, as county treasurer
of Grady county, to issue his war
rant to the sheriff of the county, di,
recting him to seize and sell the
property Of the railway company in
and extending through Grady county.
This, says the petition was for the
satisfaction of the taxes levied
against the company's property in
Grady county, and for the purpose
of preventing alleged impending seiz-
ure and sale of the property, and
while so under duress of such ex.
pressed intentions of the treasurer
did pay Mr.. Sanders, as county
treasurer the sum of $49,7S6.21,
which sum was claimed by Treas
urer Sanders to be the total amount
of taxes due from the railroad This,
the petition states, was the tax due
in the second half of the fiscal year
that included in said sum was
S4,157SO, being one-half of the al
legged illegal and void levies. When
this amount was paid according to
the petition. written protest was
filed with Treasurer Sanders.
The plaintiff prays in the petition
judgment against the defendant, as
county treasurer of Grady county
and personally, for the sum oil
$4,157SO, the amount alleged to be
due and owing to the plaintiff. the
costs of the action, and such other
and further different relief to which