Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1921-04-01
ILLEGAL ACTS
ARE CLAIMED
Restraining Order Issued To
Town of Washington
Officers

Another injunction action at law III
which il is sought to restrain town
officers from drawing town orders for
certain purposes. was started when a
restraining order was issued by Court
Commissioner T. VI. Thomas and sum-
mons and complaint was filed in cir
cult court.
Henry Stamper. Il farmer and tax
payer Of the Flambeau Farm settle
mcnt is the plaintiff and r. b. Hop
kinS. John Hansman and NJ. {. Miller.
town board of the town OF Washing
ton. and Louis ChOlyin and NJ. ;.
Stevens. clerk and treasurer, respect
iyrly. Of said town. arc the defend
ants.
The trouble arose over the purchase
If 4 tractor and other road machinery
for which no tax levy was made. by
Hopkins and Hansman, according TO
the complaint The plaintiff, Stamp
+. represents that the town hoard held
an informal consultation" during the
early part of May. 1920, regarding the
purchase of tractor and other road
machinery for the town of Washington
from the Northern Supply Sales co.
that Hopkins and Hansman favored the
purchase and that Miller did not: that
at meetings held during the latter part
of May of that year. Hopkins and
HanSman held meetings OF which Mil
ler was not notified and did not attend;
hat the majority members OF the
board instructed the town clerk to draw
orders for the payment OF the tractor
and machinery, aggregatlng $4,k2o'
though only S400 had been levied for
such a purpose.
The plaintiff claims that the sald
town orders in any amount III excess
of $4O0. expended for tractor or road
machinery. are illegal and void. He
also sets up that no written contract
for the purchase of the tractor was
entered into by the board until several
months after the order was given, and
that it was not until October ,. that
motion was made and carried for
he purchase of tractor lin accord
ance with the terms and conditions
prescribed in contract on file with
the clerk"
Slampcr also represents that the
town clerk improperly and illegally
entered the sum of S6723 IN the tax
roll of the town and that it was col
lected. He claims that this money Is
not the property of the town. Finally.
ne demands judgment declaring illegal
| the purchase of the tractor. the town
orders involved. the levy OF Oct. :.
and an Injunction restraining NJ. >.
/ Stevens. town treasurer. from paying
| town orders Nos. 3S. II. A., 43 and "A.
and for an injunction restraining the
town board from taking any further
| action toward the paying for tractor
and from ordering the drawing OF any
/ town order against the funds illegal
ly raised and collected by means OF
the pretended levy" of highway taxes
made on Oct. >.
The matter will probably come to
/ trial at the May term of the circuit
court. unless the injunction is sooner
! dissolved.
Town of Marshall Case
Quite similar In some respects TO the
above case is the one now pending in
which J. \. Boyer. on behalf of him.
self and other taxpayers of the town
of Marshall. obtained restraining
order from Court Commissioner j. A.
MichaelsOn to prevent the purchase by
the town board of Marshall of a trac-
for gravel loader and other road ma
.b town
The plaintiff desires to have the pur-
chase held up until town meeting day
so that the voters of the town may
have an opportunity to express them
selves on the matter