Jasper County Democrat, Volume 11, Number 19, Rensselaer, Jasper County, 4 July 1908 — ASK FOR OPINION [ARTICLE]

ASK FOR OPINION

Regarding Collection of Special Assessments, AID FRIENDLY SUIT IS INSTITUTED By the City, As County Treasurer Allman Refuses to Collect Buch Assessments. Sult was filed In the circuit court Tuesday, on an agreed statement of facts, for an oplnoin regarding the duties of the county treasurer in collecting special assessments for the city of Rensselaer, such as street and sewer assessments, etc. Under the old law it had been the custom of the city to pay the county treasurer a per cent for collecting such assessments, and several hundred dollars was wrongfully paid out for such purpose before a protest was made to the city council and such payments stopped. The supreme court had held previous to this that a county treasurer must collect such special assessments as a part of his official duties, and should receive no extra compensation therefor. All this money illegally paid out here could be collected back, but no move or demand has ever been made by the council for its return, although they were asked to do so. The Towns and Cities Act of 1905 (Page 370, Sec. 207) provides that the county treasurer shall collect all city taxes in county seat towns, an<J. shall receive no other compensation than is provided in said section (extra compensation is provided in cities of the first, second and third classes. Our’s is thp fifth class) “for any or all services in relation to the levy, assessment, collection or disbursement of any of th? funds of such city, whether derived from taxes current or delinquent, or from special assessments, licenses, or other source. For their services under this act, in cities other than cities of the second and third classes, which are county seats, county auditors and county treasurers shall receive no compensation other than that allowed them by law as such county officers. And any county auditor, or county treasurer, or deputy of either of such* officers, who shall directly or indirectly, ask or receive any compensation or allowance from any city other than as expressly provided for in this sec- . tion, shall, on conviction, be fined not exceeding five thousand dollar?, to which may be added imprisonment in the state prison not exceeding one year." This ought to be plain enough for him who runs to read, but of course there is no telling what the courts may do.