The Nonpartisan Leader Newspaper, November 16, 1916, Page 12

> i ~ The Nonpartisan Leader : aznless PUBLISHED WEEKLY—EVERY THURSDAY e . — i - I x ,__ Officlal Paper of the Farmers’ Nonpartisan Politial Leagus of North Dakota : 5RG ' . Sl ; . ¢ Fargo, North Diire, under the Aok of Boam p, Swrhl. v ¢ the vostallcs at oy, ' HighClass Dental Work Done D. C. COATES, Manager HERBERT GASTON, Editor. \ - _at a Big Saving Sl PG b s it d R TR : i Examinations Frez—Call and See Us Communications intended for the paper should be addressed to the Nonpartisan Leader, Box 941, Fargo, North Dakota, and not to any individual. - The Leader is the supreme advertising medium through which to reach the rural.population . of North Dakota, as it goes into practically every farm home in the state; : | ‘I'be Ieader solicits advertisements. of meritorious. articles needed by Farmers. = Quack, ;! fraudulent and irresponsible firms are not knowingly advertised, and we will take it as a favor P if any readers will advise us promptly should they have occasion fo doubt c= question the relia- ; ; < - LN T e Yok barcie o vl s ol Saturday previous to publication : : ; : ; in ordel;ytoofnsure— insertion in current issue. .eg = EOUIT ABI‘E AUD[T CO In PIONEER BUILDING 23 Guaranteed Weekly Circulation in excess of 55,000 Copies : : o9 IIC. ‘ST. PAUL, MINN. ‘ - y T e = : Farmers Elevator Companies’ Home of Auditing and ; ' . o - — Systems for Accounting. Write for References.. i Cuthbert States His View . o : & A Man Who Doesn’t Pay His Taxes is a “Wrongdoer”; R : Fraudulent Bidders Should Get Money Back, He Says SCANDINAVIAN AMERICAN " BANK Editor Nonpartisan Leader: furthermore, is sustained by the author : : : /";‘;‘GOs N.D ot : ; 1 write ths lettr to correct what, it iies. This irst doctrne was lid down, | A BANK OF SERVICE AND SATISFACTION | seems to me, are misleading statements, ~not by Chief Justice Fisk but by the late / i 5 = X Eo and unfair. In your issue of September lamented and universally respected Chief - - - - - - 14th, you have an article entitled “Put- J“St;’e ;“0!'88;;, ;’)‘ the case of Powers F ARGO COLLEGE ting a Premium on Fraud.” Iam unable .VS. Bank, 15 N. D. 467. The language. E \ T ' ’ to say whether Mr. -Adamson, whose Of that opinion, written by Judge Morgan; CONSER y ATORY OF MU SIC : g 3 on this question is as follows: The Standard Musical Institution of the Northwest. All ‘branches of a' T T T e e e : Musical Education Taught by Faculty of Artist Teachers. = e or not. The article apparently is to dis- he owner comes into a court of For catalog and Information Address R parage Chief Justice Fisk for the equity, asking.i‘:hat he be relieved from Stone Building, ALBERT J. STEPHENS, Director. FARGO, N. D. opinion written by him in the case of tax proceedings which he claims to be W i Noble-vs. McIntosh, 28 N. D. 59, and the illegal. Before his prayer should be 3 R | article tries to make it appear that the gramted, he should do equity himself, and 5 » § e court was protecting those who pool their reimburse the tax purchaser, 'and save Fargo’s Only Modern Fire Proof Hotel ; R i Interests so as to obtain the highest legal the county from the burden of having . v = ; { rate in buying a tax certificate. It seems; to pay .out: the money received as taxes: y ¢ ; ; o | to me your argument is unfair and does on plaintiff’s land, which the latter does : sk y ! not state either facts or the law. not claim not to owe.” R : oy o T 1 The facts, briefly, were: " True, there is this distinction in the- Hot and Cold Running Water and Telephone in Every Room : ‘ fa A One man had not paid his taxes, per- mitted them to go to sale. Legal and moral deduction: He is a wrongdoer, &as any person is who does not pay his taxes. : Proposition 2: 5 Men who are purchasing tax certifi- eates refrain from bidding against each other in order to obtain the highest rate " of .interest. Legal and moral deduction: Wrongdoer number two. The action is one in equity. There is no more just or righteous rale kmown to equitable law than that equity will not assist one wrongdoer .against another wrongdoer. = To “illustrate: Two men sit down to gamble in a game of poker. One man has a “cold deck” \ - and beats the other man out of $1500. The man that loses $1500 brings an action in equity for an accounting and alleges that he was cheated in the poker game. The court of equity (or of law, for that matter) refuses to listen to the ‘gentleman because he himself was doing wrong and equity says, he who asks: equity must come with clean hands. -1 say, therefore, that in the case of Noble vs. McIntosh the legal conclusion of the court was absolutely sound and, two cases: In the Powers case, tax sale was, sought to be set aside on the ground of illegality in the proceedings, and in the Noble case on the ground of a frauds ulent conspiracy not ‘to bid against each other, but the fundamental, principles governing are identical, namely, he that comes into a court of equity must come with clean hands and he who asks equity must do equity; and, again, courts will not assist one wrong doer against.another wrongdoer. I submit that a citizen who refuses to pay his taxes and help sustain the burdens of. the government of whose benefits he participates in, is just as bad - a>citizen and just as much a ng- doer as he who conspires' to obtain a higher rate of interest. . The Iowa supreme court passed upon this ‘identical question in three cases and determined what? Simply this, that be- fore the complaint could be maintained ‘the taxpayer must pay not only the taxes but the interest and penalty.” We have never heard it said that the Towa supreme caurt was not both able and Just. See the cases of Besore vs. Dosh, 43 Ia. 211, e Light vs. West, 42 Ia. 138, Everett vs. Beebe, 37 Ia. 452, Our supreme court, ‘however, refused to go as far as the Jowa court and simply required the wrongdoer who refused to _ .~ [FIRST CLASS CAFETERIA IN CONNECTION. ~ FARGO,N.DAK. — _The Plow-Boy 10-20 all standard tractor is the only light farm tractor that gives entire satis- faction in' all ki of farm work. This is due to the manner in which it is designed, constructed, etc., which 5 5 our complete new illustrated catalog - : Write for it today. Price $775.00 £. o. b. Waterloo, Towa. PALDA-MORSE MOTORS, Inc. /NORTH DAKOTA . FargoSanitarium b, ~ and Annex | A.The Farso Sag’inbafiequunixmi’:dan Osteo- | i - diseases including Stomach, Bowel and § ‘ DEWM .I;,g"pmmjglo pay his taxes to come"ii:to the court of - - Liver %:ndlhons. without the use of 1 WE . equity with clean hands by offering to - drugs or = (4 : pas v __Photographs and Portraits S‘iytias taxes.” A$ a punishment to the ! Wedding Groups a Speciaity other wrongdoer they adopted ' the 'rule Over Alex Sterns > Cor. Broadway and N. P. Ave. | MAGNETOS 1 AND BATTERIES 'Morgan and his associates for ‘that he should not receive any interest or profit for the money “invested” in tax receipts. The case tited’ by you from Missouri should have little consideration | amental principles in' courts of equity and’ being the a ‘carefully rendered decision Burz of the ninth district and for follow: decision of an infei_'ior 3 by Judge -