The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-02-24
STOPS SALE Of
LAND FOR TAXES
Judge Chase EnjOins Col
lectOr Learnard of
Halifax
PETITIONERS SAY
LEVY is ILLEGAL
Claim SeIectmen Added 40 Per Cent Tax
for School Deficit After Voters Had
Voted Not to Raise Such Tax -
Sale Was Due Tomorrow.

Eleven owners of real estate in Halifax
secured an injunction this morning
restraining Harry \. Learnard, collector
of delinquent taxes in that town. from
carrying out the sale of their lands for
taxes which was advertised to take place
tomorrow morning at 10 o'clock. The in
junction order was signed by Judge
Harre Is. Chase, on the representation
of the petitioners, through their counsel
Attorneys Arthur F. Carpenter and Viii
liam Il. Daley. that the tax levy was ir-
regular. The petitioners are Warren w.
May, B. y Chase. Milton A. Bickford
w. w. Winn, T. f. Crosier. George \.
Chase. George y. Chase administrator.
ID. ID. Pratt, Emma l.. Pratt and ID. /.
Stone, all of Halifax, and James B. Ran
doll of Brattleboro.
Collector Learnard appeared before
Judge Chase this morning in response to
a summons served by Sheriff Frank l..
Wellman, but no contest was made and
the injunction order therefore issued i'm
mediately.
In the petition for an injunction it is
asserted that on April %, 1921. the Sc
lectmen of Halifax caused a special town
lutttilS 10 De uelu TO see II the IONn
would vote to raise a 40-cent extra tax
on the grand list to cover school expenses.
The petitioners say it was voted that day
not to raise the extra tax and that the
action of the meeting was recorded in the
town clerks office.
On Aug. 81, the petitioners assert. the
selectmen caused to be added to the tax
bill of the town for 1921 Accent tax for
school purposes in addition to the tax
voted in the regular town meeting. placed
1t in the hands of the treasurer for collec-
tion, and that 1t was turned over to Mr..
Learnard as collector of delinquent taxes
for collection.
The petitioners aver that Mr.. Lcarnard
advertised TO sell parcels of land owned
By them by public auction Saturday. Feb.
-, at 10 a. m, to satisfy the additional
tax levy. The lands which he advertised
10 SELL or such parts of them as might be
necessary To satisfy the levy, range from
of an acre up to 10 acres.
The petitioners aver that the 40-cent
tax was not assessed aS provided by law
for the assessment of taxes and that the
selectmen on Aug. 81 were not authorized
by law to add 40 per cent TO the tax bill
for any purpose. Each petitioner declares
he has paid the legal taxes assessed
against him for the year 1921 and is not
Il delinquent taxpayer.
They say the collector did not demand
49, ~ S'iNtt AleFAiAiS tlit itNS uSdllISI
their real estate, that they were not in de-
fault of personal property from which the
tax could be collected. that the collector
did not request them to turn out to him
sufficient personal property to satisfy the
tax he sought to collect.
1t is claimed that the selectmen have
not complied with No. 101 of the Acts of
1921, because 40 per cent would raise a
greater revenue than would be required
to liquidate any deficit for school pur-
poses. The court is asked to decree that
the tax of 90 per cent is invalid and lille
gal and that the petitioners be allowed to
recover costs.