Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1921-11-18
Supreme Court Reverses
Circuit Court Judge
Wickham In Annex
alton Case
LADYSMITH WILL
CLAIM FIVE YEARS
TAX COLLECTIONS
Territory Will Add About 140
Acres, Big Mill, and 125
People to City

by a decision of the supreme court
of Wisconsin the territory annexed
from the town of Flambeau in 1916 by
the city OF Ladysmith is properly d
part of the city.
This decision by the states highest
court reverses the decision of Circuit
Court Judge James Wickham, who de.
cided that, owing to an error by the
city in acting on the ordinance TO an.
mex the territory such ordinance and
a subsequent curative ordinance weft
null and void
Gives Territory to Town
The lower courts finding of fact and
conclusions of law gave the said ter.
ritOry to the town of Flambeau and
that said town was entitled to recover
its just share of the taxes collected by
the city of Ladysmith in the territory
sought to be annexed for the years
1916 and 1917. and rendered Judgment
for costs in favor of the town of Flam-
beau and against the city.
The city appealed from the decision
of the lower court and set up that
there was no protest entered by the
people of the territory annexed: thar,
though the first ordinance was passed
Il day before it should have been, un-
der the law. it>was re-passed to correct
the mistake that the lower court
erred in holding the second ordinance
was null and void as shown in a su-
in rc-paSsing the annexed ordinance
The city council did what it was their
duty TO do and which they could have
been compelled to do by mandamus
that the original ordinance as enacted
July j. 1916, was valid under the terms
of the curative statute.
People Wanted to be i'm City
In ameXing the territory from the
town of Flambeau, the council acted
on q petition presented TO it on May
%, 1916. signed by Il majority of the
electors and by the owners of more
than Onc-third of the taxable property
i'll the territory. asking the council TO
annex said territory. At meeting OF
he council on June 6, 1916, proposed
ordinance was introduced for the an
ncXatiOn of the territory described in
the petition. On July ), 1916, the
council adopted the ordinance. On
May IL. 1917. the ordinance was again
adopted by the council. as curative
measure.
Double Assessments
During the years 1916 and 1917. bOth
the town Of FIambeau and the city Ct
I.adySmith assessed the property in thC
annexed territory, the town having
protested the annexation as illegal aEd
srt up the claim that the territory still
belonged TO it. Each division collected
taxes on these assessments, most 81
The taxpayers eIecting to pay th,il
taxes to the city for the reason thai
the rate was lower and the taxes small
Cr in the city. AS a result Of the dou
lie assessment. all the property i'll th'
territory was rt Mrned delinquent e
the county treasurer by the town ant
the city treasurer. and much of it was
sold at the tax sales.
Thousands Due Ladysmith
As n result of the decision of the su
prone court, il is estimated that he
tween $4,000 and $4,000 will be re
covered from the town of Flambea,
by the city Of Ladysmith to cover
taxes collected by the said town. Ont
OF the largest taxpayers in Rusk coun
ty-thc FOuntain-Campbell Lumber
Co. has its mill and lumber yards il
thiS territory.
The disputed territory comprises
nhut 140 acres of land, part of whicf
is plated in the Ladysmith TOwnslt'
cos Second Addition. 1t includes the
north two-thirds of blocks II, II, 13 ant
/ and all of blocks Il, Is. II and Is q
that addition. The south line of th'
TERRITORY is the same that makes tn
south line of the fair grounds. but III
the disputed portion lies west an
north of the river. The west line j!
tha Gates road and the north line TIT
main east and west road on the nOrrl
section line of section 34 The cas-
border is the river 1t probably has ;
population of 125 people.
Mayor Luiell Jubilant
Mayor Luell was jubilant when i'll
formed of the courts decision by City
Attorney Kirwan, who received telc
gram confirming the newspaper re
ports Of Tuesday on this case. Aftel