Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-12-25
BAN 0V REPUBLIC
COAL. COMPANY TAX
REFUNDS Directed
Roundup Judge Sets Firm Rule
Against Commissioners
Order.
Tle Tribune.

Speciai to lie flDuHe'
Roundtlp. Zee. 24-Judge George a.
Horkan ID district court has issued an
order from the bench ~instructing the
~connty clerk. county auditor and county
! treasurer not 10 draw, approve or pay
| any warrant OF warrants for the re-
funding If taxes 10 the Republic Coal
| omnnu under the resolution adopted
br he board Of commissioners. a copy
Of which WIS published in The Iri-
| bune last Thursday.
He also appointed w. w. Mercer
| attorney 10 represent the county In
| suits now pending in district court on
the company's protest of tax assess
mont and instructed him to apply to
the court for a restraining order in
the event either of the three county
| officials named attempts to pay the
| refund ordered by the commissioners.
Attention of the court to the action
| of the commissioners was called by
fhe article appearing in The Tribune.
| the order r~ecites. and the purpose OF
| the commissioners is declared to be
without any authority Of flaw and
an attempt to override the state
board of equalization" ,
The cases arc not set for trial at
| this term of district court and prob
| ably will not come up for hearing
until some time in January. The or
/ der in full is as follows:
Text of Order.
at appearing to the court from the
reading of the weekly Roundup Fri
hume, and the information which he
| has received in the county clerks of.
| flee of this county, that the board OF
county commissioners of this county
have passed certain resolutions at
temnting TO compromise certain suits
pending in this court. and particularly
Two suits. being causes Nos. 2.129 and
. 400 wherein the Republic Coal COM
many is plaintiff and William j. Swan.
| county treasurer. is defendant. and 1t
apnearing to the court that said suits
| are for the recovery of taxes paid by
the said plaintiff company under pro
! test for the years 1920 and 1921 on
The net proceeds of its respective
mines in MnsselshelI county, Montana:
And is appearing to the court that
! said attempt on the part of the board
of county commissioners of Mussel-
she'll county to so compromise said
law suits is without any authority OF
law;
And it further appearing that by
the compromise of said suit that the
county of Nusseisheil will lose APP
proximately between $4,000 and 3d.
900, and that the net valuation SET
for the taxation of 1921 was fixed by
the state board of equalization of the
state of Montana. and that said board
Of county commissioners have no au-
thority under the law to override the
action of the said state board of equal
ization of the state of Montana;
MusselshelI County
And ii appearing further to the
court that the interests of Alusseisheli
county in said causes require that some
attorney be employed by this court in
the absence of the county attorney,
TO represent Musselshell county and
protect its interests i'll said law suits,
The court does hereby appoint w. w
Mercer, Il practicing attorney OF
Roundup. Montana, TO represent SAID
county Of Musselshell, state of Mon
tana, in said law suits, and does mere
bv instruct the said w. w. Mercer i'm
mcdiately to notify the county clerk
of This county not to draw any war
rants for the refund of said taxes,
and the county auditor of said county
not to approve any warrant or war
rants for the refund of said taxes, and
the county treasurer not to pay any
warrant or warrants for the refund OF
i. said taxes until the legality of the
same has been properly determined by
the district court of this county;
'And the SAID w. ". Mercer is fur
ther instructed by this court that III
the event he deems that either or any
of said officers, under said resolution
of said board of county commissioners,
Shall attempt to draw. approve or pay
any warrant OF warrants upon the
funds of this county for the refund OF
said taxes, that he immediately pre-
pare Il proper petition directed to this
court asking for a restraining order
restraining each and all OF sad oftl'
GERS from drawing, approving or pay
ing any warrant or warrants upon the
funds of said county by virtue of said
resolution, or at all"