State v. Snyder

222 P. 40, 30 Wyo. 468, 1924 Wyo. LEXIS 73
CourtWyoming Supreme Court
DecidedJanuary 22, 1924
DocketNo. 1139
StatusPublished
Cited by5 cases

This text of 222 P. 40 (State v. Snyder) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Snyder, 222 P. 40, 30 Wyo. 468, 1924 Wyo. LEXIS 73 (Wyo. 1924).

Opinion

Potter, Chief Justice.

This court’s original jurisdiction in mandamus as to state officers granted by the constitution is invoked by this proceeding. The relator, the Board of County Commissioners of Goshen County, seeks to have the state treasurer required to reimburse that county to the actual amount of the county tax on property exempted in said county in 1921 under the provisions of an act approved February 15, 1921, known as the Soldier’s Exemption Statute, and published as Ch. 50 of the Laws of thalj year. That act amended Sec. 2753, Comp. Stat. 1920, declaring certain described property to be exempt from taxation. The section was thereby amended by reenacting the 4th and 5th paragraphs thereof and adding a 6th paragraph. The 5th paragraph of the section had declared exempt the property of all honorably discharged veterans of the Civil War to the amount of $2000 in assessed valuation, and it was amended and reenacted by the statute in question so as to exempt to said amount of assessed valuation the property of all honorably discharged veterans of the Civil War, the Spanish-American War, and the World War, their widows during their widowhood, and all nurses who served during the World War, and by adding a provision that no person shall be entitled to such ex-[472]*472eruption unless be or sbe be a bona ficle resident of this state.

The case was previously beard on a demurrer to the application for the wi’it (212 Pac. 771) raising certain questions as to the constitutionality of the statute, and the statute was held to be valid in every respect in which it was assailed, including the 6tb paragraph again before us, this time for construction. We might add to the authorities then cited sustaining the validity of that paragraph the following :

Bexar Co. v. Linden, 110 Tex. 339, 220 S. W. 761; A. T. & S. F. Ry. Co. v. Johnson, 85 Okla. 161, 204 Pac. 910; Town of Milton v. Cook, 244 Mass. 93, 138 N. E. 589. The court say in the Texas case:

"The effect of the statute * * * is to set apart the excess fees of District Attorneys and other officials as State funds for governmental purposes of the átate with whose execution the counties, as instrumentalities of the State, are charged. Such a dedication is in no true sense a grant of public money. It is but an appropriation of funds of the State for the uses of the State. It is‘therefore a constitutional use, having no character of a bounty or gratuity. ’

■ The said 6th paragraph is generally understood and may be described as providing for reimbursement by the state to the several counties for tax losses on account of such exemptions. It reads as follows:

‘ ‘ Sixth. — It shall be the duty of the several county treasurers throughout the State of Wyoming to submit to the state treasurer, on or before the first day of March in each year, a certified statement of the exemptions allowed by said counties, under the provisions of this act, and on or before the first day of May following, said state treasurer shall reimburse each of such counties to the actual amount of the county tax on such property exempted, less poll taxes so exempted by such counties. ’ ’

[473]*473The original application for the writ alleged that the county treasurer of Goshen County had submitted to the State Treasurer a certified statement of the exemptions in said county under the statute, showing a loss to the county in taxes amounting to $7941.08; that the State Treasurer had failed, refused and neglected to reimburse the county therefor, notwithstanding that an appropriation for the purpose had been made by the legislature at its said session in 1921. It was suggested in concluding the opinion disposing of the demurrer to the application for the writ, that it might be necessary for an issue to be made up respecting the amount of the county’s claim properly payable out of the state treasury under the said sixth paragraph of the statute. Following that suggestion an amendment to the application for the writ was filed, separating the amount claimed for such exemptions by said county for the year 1921 into its various items as follows: State tax $1546.02; General County tax $1951.33; General County School tax $924.60; General bond sinking fund tax! $354.62; Special school district tax $2564.19; School district bond interest fund tax $108.91; Taxes levied for the town of Lingle, $90.70; Taxes levied for the town of Torrington, $392.71.

An answer was thereafter filed by the respondent admitting everything alleged in the petition or application as amended, except: It denies that Goshen County lost through said exemptions the total amount alleged, or any sum greater than $3230.50, the aggregate of the loss of $1951.33 of the general county tax, $924.60 of the general county school tax, and $354.62 of the general county bond sinking fund tax, and that the respondent is willing and able to pay said amount. And it alleges that the respondent is prohibited from paying money from the state treasury except upon warrant drawn by the proper officers after a proper audit of the claim; that it is the duty of the state auditor to audit all claims against the state; that no warrant has been drawn by the auditor against any fund in the respondent’s hands to pay relator’s claim, and that said claim has never been [474]*474presented to tbe auditor for audit and settlement. To that answer a general demurrer was filed and the case has been submitted for final disposition upon the issues thereby presented.

The principal question — the amount payable from the state treasury under the statute — arises from a dispute over the meaning of “county tax” as used in the 6th paragraph aforesaid, requiring reimbursement to the counties; the county contending that it includes all the taxes levied and collected in the county, including special school district tax, school district bond tax, and taxes levied for cities and towns, and the respondent contending that it includes only such taxes as are levied for county revenue or county purposes, as distinguished from school district and municipal taxes. There is a brief also filed on behalf of Natrona County contending as the respondent does. It is conceded by both parties, as it must certainly be held, that the term “county tax” as used in the statute does not include State taxes. No county can be entitled to reimbursement for any loss of state taxes. It does not lose them; the state does and it bears the loss.

It was said by this court in State v. Laramie ■ County, 8 Wyo. 104, 55 Pac. 451, explaining our taxing procedure:

“Our scheme of taxation embraces a direction or fixing of a rate for state taxes by the state board of equalization, a notification thereof to the county clerk of each county, andj a levy therefor, together with a levy of county and school taxes, by the board of county commissioners. The assessment rolls are prepared by the county assessors, the valuations of railroad and telegraph lines and of live stock being- fixed by the state board. The tax lists are prepared by the county clerks, and upon the several county treasurers as collectors of taxes, devolves the duty of collecting the state, county, and school taxes in their respective counties. ’ ’

[475]

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Cite This Page — Counsel Stack

Bluebook (online)
222 P. 40, 30 Wyo. 468, 1924 Wyo. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-snyder-wyo-1924.