T Peka Commercial Security Co. v. McPherson

Opinion of tbe court by

Tarsney, J.:

The question in this case is directly this: Are lots in a government town site in this Territory subject to sale for taxes levied and assessed against said lots while contests are pending in the land office between occupying claimants, and before deed issued by the town site trustees? This involves two. questions: First, has the legislature of the Territory attempted to- make such undeeded lots, pending contest, subject to- taxation? and, second, has the legislature the power to authorize such taxation? Considering these questions in their order, we find…