Vel Phillips Papers (Correspondence, Box 8)

City of MILWAUKEE

OFFICE OF THE TAX COMMISSIONER FIFTH FLOOR. CITY HALL. 276-3711. MILWAUKEE, WISCONSIN 53202 September 9, 1966

VINCENT A. SCHMIT Tax Commissioner

MARVIN E. BOUCHA Deptuty Tax Commissioner

Mrs. Vel Phillips Alderman Sixth Ward City of Milwaukee

Dear Mrs. Phillips:

This is to acknowledge receipt of your communication under date of September 9, 1966 which refers to the exempt status of the Fraternal Order of the Eagles property located at 2401 West Wisconsin Avenue.

This property was assessed at 20% of its fair market value prior to 1964. Shortly after my assuming the duties of Tax Commissioner a review was made of all exempt property in the city and the Eagles' taxable percentage was raised to 33 1/3% which is the present prorated assessment on the premises.

In your communication you raise the doubt as to the constitutionality of granting any tax exemption to a fraternal society which discriminates by its by-laws on the basis of race. This is the first time this clause in the Constitution has been brought to the attention of this office and does, in my opinion, raise a question of law.

We will examine the legal proposition and if we are not able to resolve the matter, we will refer it to the City's Attorney's office for determination.

I note that you refer to the Madison Fraternal Order of Eagles case reported in 275 Wis. 472 where the Supreme Court affirmed a 50% assessment. We are well aware of the Madison Eagles Supreme Court case but the factual situation in Madison is not necessarily a comparison to the Milwaukee Eagles Club. Our determination of a 33 1/3% assessment was based on the public's use of the eagles property. Whether or not the Eagles Club at Madison is used in a greater portion by the public is a question of fact which is unknown to us. It is noteworthy that the Supreme Court did affirm a 50% assessment therefore justifying an exemption in part for the premises.

We are also aware of the fact that the question of discrimination was not raised in the Madison Eagles' case and therefore the query you present on discrimination in choosing membership has not been presented to our Court or any other Court known to us at this time.

Member International Association of Assessing Officers Member National Tax Association

Mrs. Vel Phillips -2- September 9, 1966

The property at 2401 West Wisconsin Avenue occupied by the Eagles Club and partially leased for ballroom purposes paid a net property tax in 1965 in the sum of $8,260.

Let me assure you that at such time that the legal question you present is resolved you will be advised promptly of our determination.

Very truly yours,

Vincent A. Schmit Tax Commissioner

VAS:vv

Missouri State Penitentiary

Jefferson City Missouri Date: 9-9-66

To: Atty Vel Phillips From: Joseph Brown Street and Address: Milw City Council Register No.: 75527 State: Wis. City: Milwaukeee Relationship: None Hall: G Cell No.: 11

Dear Atty. Vel Phillips,

I am an inmate of the Missouri State Penitentiary serving fiften years for a crime that I am innocent of. I have no relatives, and am sure that I could get out, if I had some legal help. I no that no one wnats too help for nothing; and at the present time I dont have anything except my word the only way that I could possible repay you, is when I get out.

I am not to familiar with law, but I believe if I could get some help I coud get out. I no something now that I didn't no at the time I was sentenced and I was advised wrong buy my P.D. I have been confined here seven years now; and I have been doing what I could with what I no; as I said previous I don't have any money or any way to get any here; and as a result I am still here but I am also still trying.

I am sorry to have to bother you, as I imagine you stay very busy; but I am fighting for my freedom; and I hope that you can understand my situation as I understand yours. I am sure you understand much better than most, because of the struggles we have all had to go through. I hope that you may find time to help me; but if you cant, I will be able to understand that to.

I will appreciate any effort that you may make if my my behalf, regardless of the outcome. if you only give a reply to my letter thats more than I have got so far. everything is appreciated.

Respectfully yours

Joseph Brown

Thelma C. [Kreoske?]

QUOTE: from Dr. George L. Collins, F.O.R. Bay Area Representative, San Jose, California; formerly Baptist Student Pastor at U of W - Madison for 25 years. **

"It's good to oppose Dow Chemical" --see WIN, Sept. 15 issue, enclosed.

** It's good to oppose Dow Chemical and C. Tellerbach (not sure of his sp.) (the latter because of their racial attitudes in Bogalusa, La.) The phone tax refusal is a fine idea I think. LBU of course should be impeached--waging war without any good excuse, tearing up the Constitution and the UN charter--being illegal as well as immoral is just too much! People will look back at us (if any survive) and say what did you do when LBJ acted like Hitler? But impeachment is not likely at present. It's too bad that we don't have a good opposition, but the Republicans generally say "we would do more and worse even than L.B.J." "It is interesting how much in the Bible is relevant for today. I've quoted a few challenging passages. Isa 3:12 b RSV., 13-15; 24:1-6 Ps, 127:1 and Job 13:3-4." "In giving, I like to omit good but popular causes, and give to such as A.C.L.U.; N.A.A.C.P.: F.O.R.; W.R.L.;"

October 14, 1966

Dear Mrs. Phillips, Thank you very much for talking with me tonite [tonight]. As you suggested I am enclosing the literature that I have read regarding the telephone war tax refusal campaign. The other enclosures too you may keep if you wish. I have written the telephone company that I subtracted the $1.50 fed. tax put on my Sept. statement and was protesting that this tax is being used entirely for the support of the war in Vietnam.

Are you reading RAMPARTS? And I like BETWEEN THE LINES because it is condensed, relays the thinking of leading people -- whether we personally agree or not.

I write Sen. Nelson; Proxmire; and Reuss when they do an especially good job--and when I feel some action should be taken, such as NATIONAL TEACHER CORPS--I applied but the money has only now been made available. From their letter, 1000 only were placed out of 9000 applications! Sad state of affairs. I wasn't one of the 1000!

Thanks again; and keep your courage. Atty. Barbee knows Shorty (Dr. Collins) very well too.

p.s. On TV you mentioned you were a teetotaler... am so glad... I am one too... and I don't think we should pay taxes on the EAGLES property. I belong to the GOLD STAR PLAN (National Liberty Life Ins. Co.) DeMoss Associates, Inc. for non-drinkers.

[p.p.p?] am enclosing other lit separately.