The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1921-09-23
TlE-uP or o. ". RAILROAD
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acting for the attorney general), and
all the points of attack upon the val
ldity OF assessments were carfully re-
viewed. L was then and there agreed
between the comptroller and the 9th.
er parties mentioned that the comp
tfoller should take judgment for the
sum OF $4,000 and costs; that the
comptroller would ask for an order of
sale to be directed to the sheriff of
Marion county, Florida, to procure the
money to pay the tax.
Pursuant to this agreement, such
order was made by Judge w. S. Bull
lock, in chambers, at Ocala. Florida,
on the 30th day of August, 1921.
After the levy was made under
this order and judgment of court, the
receiver requested conference be-
tween himself, the comptroller and
the attorney general, and asked that
the comptroller and the attorney gen
eral agree to accept the payment of
the delinquent taxes in installments
Of $1,000 per month in the event that
he should be unable to procure an
order from the circuit court allowing
him to issue receivers certificates for
the amount of taxes and costs, and he
then and there represented that if the
court would make such order he
could Immediately sell the certifi-
Gates and pay the taxes and costs.
Both the comptroller and myself
thought that this was logical way
out of the difficulty and that the court
was cogniant of all local conditions
and that such order would very prob
ably be made. | thereupon wired
Judge Bullock as follows:
September, Is, 1921
Judge w. S. Bullock, Ocala, Fla:
Receiver of Ocklawaha Valley
Railroad will apply for order to is
sue and sell receivers certificates
sufficient to pay taxes and costs. This
will provide immediate funds to raise
lien and assure continued operation
of railroad. and is the course sug-
gested by the comptroller.
RIVERS H. BUFORD.
Attorney General"
Being advised that the order had
not been made for the issuance of GER
tificates, on September 18th | wired
Sheriff Thomas as follows:
September II, 1921.
Hon. S. G. NJ. Thomas, Ocala, Fla:
III Rodman Lumber Company en-
ter into unconditional agreement to
pay for any property lost or damaged
in any way, then comptroller and at
torney general consent that you al
low them to use road bed pending
sale or settlement of taxes if you
wish to do so, and under such other
conditions as you may approve.
RIVERS H. BUFORDD,
Attorney General
Since sending this telegram | have
received several requests asking me
to order the sheriff to allow Rodman
Lumber Company, or Mr. Cummings,
as receiver, to use the road bed pend
ing sale This | have declined to do,
because | have no authority to make
such an order. The sheriff is acting
under order of the court, and neither
the comptroller nor myself has ar
thority to order him to perform the
duty directed to be performed in the
order of the court in any manner, ex
cept as is provided by law. We have
at all times been willing to enter into.
an agreement with the other parties
TO the suit whereby the sheriff would
be held harmless by reason of allow
ing Rodman Lumber Company. or the
receiver to use the road bed. But we
have no more authority to order him
to do this than has the receiver
Hood, or the general manager of the
railroad company.
We also feel that if an agreement
is reached by Wnlch the taxes are to
be paid in installments. that such
agreement must be concurred in by
he other parties to the suit. because
Of the fact that the judgment was had
and obtained upon an agreement be-
tween the comptroller mad attorney
general in behalf of the state, and the
representative of the trustee and the
railroad company in behalf of other
praties to the suit, that no further con-
test would be made as to the assess
ment: that judgment should be had in
the sum of $4,000. and that without
opposition we should procure an order
for immediate levy and sale. There
fore, we could not change this agree
ment without breaking faith upon
such agreement.
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