Remonstrance against renewing a tax warrant in Elkhorn school district no. 5

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Remonstrance of Johnathan Spooner & P.C. Hellington against the passage of a law renewing a tax warrant issued by the trustees of School District no. 5 in the town of Elk Horn.

Mr. Baker

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"Falsehood flies, while Truth comes limping after."

To the Honorable the Legislature of the Territory of Wisconsin

The undersigned, under date of the 23d inst addressed, through the Hon. C.M. Baker, a communication to the Legislature, offering Sunday reasons why the prayer of a certain Petition, signed by a number of citizens of School District No. 5 in Elk Horn, for the renewal of a certain Warrant &c, ought not to be granted - and the undersigned therein stated the difficulties under which they have laboured in common with others interested with them, from the ignorance in which they were kept in regard to said petition, and the late period at which they received any information upon which they could rely as to its specific allegations.

Since forwarding said communication of the 23d inst the undersigned have received further intelligence from an Hon. Member of the H. of Rep. informing them of certain statements and allegations in said Petition of which they were not before informed. Our informant states that said Petition was signed by twenty-six individuals declaring themselves "taxable inhabitants" of District No. 5 in the town of Elk Horn. Now, the undersigned have the honor to be personally known to many of the members of the Legislature, and with them at least, we believe our assertions will have some weight, when we positively declare that said district No. 5 does

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does not, in its entire length and breadth, contain over twenty "taxable inhabitants" in the whole - and certainl there were several who were "taxable" who did not sign said petition. Such being the factr - the attempt to impose falsehood upon the Legislature and by their secresy to prevent its exposure until it should be too late - ought to be indignantly rebuked by the Legislature, and their prayer denied - even had they a better cause than that in which they are engaged. The undersigned do not brand all the signers of said petition as guilty of international falsehood. It is as well known to the members of the Legislature as to others, have signers to petition are often times obtained; and the fact stated in our communicaton of the 23d inst, that many of those who signed said petition had, on application, declared their ignorance of its specific allegations, is proof that this case is not an extraordinary one.

We are also informed that the Petitions further allege, "That before the final issue of the above suit, a new set of Trustees were elected opposed to the collectionof said tax, in consequence of which the District were not able to prosecute the [illegible] Bond, and collect the amount of said delinquent tax." The undersigned stated in their communication of the 23d inst that the judgment of the Justice of the [illegible] suit, was not "erased" but that the suit was dismissed by the District Court, for if revised they would respectfully ask

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ask if Execution would not have been issued against the [illegible] for the tax as well as cost? The attempt to cast this responsibility upon "the new set of Trustees," as being opposed to the collection of said tax - and the allegation that it was through their neglect - of duty that "the District will not be able to prosecute [illegible] Bond (pray, what had the District to do with a [illegible] Bond!) is as unjust and ridiculous as it is false and malicious! It is a fact too well known in the district to be denied, that when said new Trustees (of which one of the undersigned was one) were elected, they demanded of their immediate predecessors (who are among the Petitioners) all the records and papers belonging to the District - yet said new Trustees never could obtain from them either the warrant, which the collector had returned to them but partially executed, or the collector's Bond by which to enforce its payment. Neither did the Records of the district show that any such warrant had ever been issued, or the apportionment of any such collector!! The undersigned respectfully ask, then, wheter it be just to charge such delinquency upon the "new Trustees", when by such misconduct of their predecessors they were thus left utterly without any proper knowledge of the previous proceedings, and of course, without power and without remedy! - True, the new Trustees offered to attempt its collection if they were put in possession of the Collectors bond, as they know of no other way - But the Bond have been given

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given up, and the Collector had left the county.

The undersigned are also informed that, "the petition is also accompanied with the official certificate of the School board of the town of Elk Horn, stating that the contents of the petition are substantially true matters of fact." They are aware that the official certificate of the School Comrs. is calculated to have a weight of influence altogether beyond the ordinary signers of the petition. But if the statements of the undersigned (the truth of which cannot be controverted) are believed, it will be admitted taht the comrs. must have appended their certificate upon the assertions of others, and not upon their own personal knowledge. This is certainly true of one of them (Dr. Tonney) who stated to one of the undersigners "that he signed the same because Mr. Windsor brought it to him for that purpose, and told him that Mr. Kinney was going to sign it - and he thought he would not back out, but would go as far as they would; but that he was satisfied upon further reflection that he ought not to have meddled with it." Were the other members of the Board equally honest, but little regard would be paid to their certificate, as it is, we do not hesitate to declare, that the Comrs. either certified to what they were ignorant of or to that which they knew to be false!!