The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-01-21
{. X. |. 4 r., RAILWAY
COMPANY FILES SUIT TO
RECOVER PART OF TEXAS

Continued From Page One)
and sale of said property the plain
tiff paid to the county treasurer the
sum Of s6,959SS, which sum was
claimed by him to be the total
amount of taxes and charges due upon
said property of the plaintiff in this
county as the payment Of the first
half of taxes and charges for the
fiscal year ending June 30, 1921; that
included in the said sum was s27S.S2,
being, one-half OF the said excessive
illegal and void levies.
The plaintiff company further alleges
that at the time of the payment of
the amount, it fled with. the defendant
its protest in writing.
In its first cause of action the
plaintiff asks for judgment in tho
amount of s272S2. representing the
amount described above.
In its second cause of action the
plaintiff states that the Carter county
excise board made an appropriation
for general purposes of $43S. 566.l0
after it had received and approved and
adopted the estimates for general pur-
poses Of the county submitted to It
by the board of county commissions
ers. The revised estimate and appro-
oriation showed alleges the plaintiff,
that this county had on hand from
previous years, surplus revenue in the
sum OF S46 S5432, and had an esti-
mated income for the current year
from sources other than the tax levies
the sum of Sl54561.5S; that certain
other funds, aggregating $16,1S7.6e
should also have been applied as a
credit and resources on said estimate,
but did not appear as a surplus in
the funds for which purposes said
taxes had originally appropriated. lev
led and collected, and thus available
TO be applied, for the reason that they
We're, prior to the making of said es-
innate, transferred from the funds
for which purpose they were orig
inally appropriated and collected, and
used for other purposes. That said
transfer and uses OF said funds, and
the act or acts of the person or per-
sons making same are illegal and void,
is the further allegation Of the plain
tiff company.
The plaintiff company further al
leges that the sum transferred should
have been carried forward as a sur
plus and credited to the estimate for
general county purposes for the fis-
cal year ending June 30, 1921, and
should not have been expended for the
fiscal year ending June 80. 1920.
The valuation OF this county for
taxation purposes, the plaintiff COM
pany alleges, for the fiscal year end
ing June 80, 1921, is s33,04S,943, ans
on account Of the transfer a levy Of
7.S9 mills was made for The purpose
OF raising revenue for the general
fund Of the" county; that had said
transfer not have been made. a levy
Of 1856 mills would have produced a
sum sufficients to meet all require
ments for general purposes of the
county. That the difference between
the levy 50 made and the sufficient
ievy Of 1886 mills being SO mills when
hPPAth ~ NlIt NhAuIllOll vi lUt
erty Of the plaintiff company in This
county produced a cax OF sl97,03 Half
of this amount has been paid. states
the plaintiff company and judgment
for this amount is asked in the second
cause OF action.
In the third cause Of action. the
plaintiff states that the county excise
board made an estimate OF the re-
quired needs for the county sinking
fund with ten per cent added for de-
linquent taxes, making total of
$50, ,OSSl4 for the said purpose. The
excise board made levy of 2.G mills
for che purpose Of meeting the re-
Quremens as set forth therein The
plaintiff company alleges that u levy
Of l,52 mills, applied 10 the total
valuation of all property in this coun-
ty taxable on an ad valorem basis,
would have produced $50, ,2S4.2s, which
sum is sufficient TO meet the re-