The Ex-Treasurer Who Paid to Take Office—and Wants His Money Back

D. K. Durie has filed a complaint in the superior court against the city to recover the amount paid by stipulation in satisfaction of the Mill Street grade assessment at the time Mr. Durie qualified as city treasurer. The payment was made by Mr. Durie in order to avoid any possible difficulty from the provision of the city charter requiring that no officer shall be allowed to serve as long as he is in arrears for taxes. While the assessment could hardly be termed a tax, and its legality was contested, the new treasurer paid it and went into office with no claim against the city. The stipulation provided that the money should remain upon the records, and if the court should determine the assessment to be excessive or illegal, and a reassessment were had, the city was to retain only so much of the money as might be equal to the assessment legally chargeable against the lots. The excess of such assessment was to be repaid to Durie.

In due course the action was tried, and on April 5 judgment was rendered in favor of Durie. The time in which an appeal could have been taken expired October 5, without the city having taken any steps in the premises, and October 13 Durie made a demand on the common council for the money.

In order to avoid repayment, as the complaint says, the city caused a pretended resolution to be entered of record directing the corporation counsel to prepare an ordinance for reassessment. Durie takes the position that more than a reasonable time has elapsed, and now asks the superior court to compel the city to refund the money.

Yesterday a demurrer was filed to the effect that the complaint did not state facts sufficient to constitute a cause of action. When this question has been settled the controversy will practically be ended, as the ruling on the demurrer will determine the law point as to what constitutes a reasonable time, and this goes to the essence of the action.

The Mill Street grade question was a long knotty problem, but it was finally solved by the issuance of bonds, by means of which the warrants for the improvement were paid. There are now no warrants outstanding against the assessment district, and the only money in the special fund is the amount paid in by Durie. He has become tired of waiting for the city to take action, and now proposes to have his money back.