Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1939-02-02
FLOOD BENEFIT ASSESSMENTS
DISCUSSED MONDAY NIGHT

IAEAJIL<C0vAAIAN
DISCUSSED MONDAY NIGHT
At the meeting Monday evenin:
in the court house, called by DR.. Lee
Humphrey, for the purpose Of dis
cussing the Muskingum Conservancy
District benefit flood assessments
about 130 were present. Hon. C. B
Smith was made chairman, David 5
Lowe, vice chairman, and Atty. A
B. Mercer, secretary. DR.. Humph
rey made some very practical re
marks, in which he spoke of the dis.
satisfaction caused by not being
able to pay taxes now without also
paying the benefit assessment. He
suggested several methods thai
might be of benefit in the matter.
such as restraining court order TO
hold for year or SO, to see what
comes of the appropriation of Con.
gress, the purpose of which is to as.
sumo part of the assessments; he
general of the state, in an effort to
have him reverse the finding 81
former Attorney General Duffy,
whose ruling was the benefit assess
ments could not be separated from
the regular taxes; and suggested
that as many as possible contact our
senators, congressman and others
IN authority.
Attorney Mercer spoke at some
length, in which he briefly review.
ed the proceedings Of the establish
ing of the Conservancy district; told
of the appraisers who fixed the
benefit assessments, and same were
by the conservancy court,
which is composed of the common
pleas judges of the district, and
stated the decisions of the conserv.
ancy court had been sustained by
the higher courts. He stated that
those who filed appeals can go
ahead and pay their taxes without
now paying their assessments; but
those who did not file appeals can
not, and must pay both together,
since they had adequate remedy at
law, each having the right to file
an appeal Attorney Mercer doubt
ed if a court would issue a tempor-
ary injunction, since, as stated the
higher courts have at all times sus-
fained the conservancy court Az
10 the present attorney general re.
rersing that of his predecessor, that
loes not seem at all likely, since
Attorney General Duffey's ruling
was based on supreme court de.
,ision, and for Attorney General
Herbert to make reversal would
mean deciding against the supreme
court.
However, Mr.. Mercer believes
hat the Ohio Legislature can give
relief, and suspend the tax on bene
Iii assessments, and enact legisla-
ion bringing relief until Congress
assumes the assessments or part OF
t. He stated that there are IL
of the state
hat are interested in the benefit
assessment taxes, ard he suggested
hat the representatives and state
senator's of those counties be con
acted and urged to exert their in
luence. From the legal standpoint
n the court there does not seem tc
,e much hope, but from Washing
on and Columbus prospects should
,e encouraging. AS stated it is be
ieved that in time Congress will
axe care of the matter, but it will
probably necessitate q delay
By unanimous vote Attorney
Iercer was instructed to go to Co
umbus at his earliest convenience
md contact the various state repre-
entatives and senators of the con
ervancy district; also the attorney
and the state tax commits
ion, in an effort to obtain relief in
he matters complained Of.
Judge Riecker, who has been ?
nember of the Conservancy court
ince assuming his office two years
go, has been opposed to the con
ervancy district, feeling that the
expense is too great, considering the
benefits derived Since he has been
IN the bench he has on several oc.
asions when the matter of levying
! SO percent assessment against
property on which appeals had not
,een taken, voted against it, he be
ng the only member of the court
hat did.
Attorney Mercer, F. w. Cochran
md Hon. G. B. Smith were in Col
INDUS Wednesday and contacted
Representatives and Senators from
lie conservancy district, and urged
hat the legislature pass a measure
% that taxes could be paid, without
paying the flood assessments They
net with much encouragement and
we're practically assured that such a
Measure will be introduced soon.
LAST evening the local village council
adopted a resolution favoring legis
ative action, as presented by Atty
Mercer.
FRANK McPEAK DIES AT