American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-01-23
si,8oI 81, being al tina; was absolutely re-

the Baltimore and Ohio Rail Road Company
for the past year, being two and a half per
cent. on the amount of stock held by the city
in said company, It will be seen that have
alse estimated dividend Of two and q half
per cent. for the present yea7.
! Circumstances seem TO render il proper that
| should refer 10 subject not Immediately
connected with the duties enjoined upon me
! by the Council. The treasurer Of the State,
! in his recent report to the Legislature uses the
following language
"There is another kindred subject to which
would invite your attention, ! mean the law
relating to the tax on stocks of the city of Bal
timoTe; no revenue from that source has reach
ed the treasury for two years past. BY chap
| ISL, Of December session lS4I, sec. 4, il is
made the duty Of the Register Of the city of
Baltimore, senll-annually 10 withhold and pay
over to the Collector Of the city, out Of the in
terest on the stock Of the city, the respective
portions OF tax due by the holders Of SAID stock.
This duty il appears has not been performed:
and by chap. ESQ, of December session lS43,
the Register is directed TO set apart and pay
over 10 the treasurer Of this State, out Of the
interest on the stock of the city OF Baltimore,
the amount of tax levied OF said stock, under
the act Of March session 1871, chap. 90, and
lis supplement, without reference to The place
Of residence Of the stockholders, which he has
thus far failed 10 do under these circumstances,
have felt il incumbent Oh me TO communicate
the facts, that such measures US you may deem
requisite TO remedy the defect may be taken
As respects the act Of Assembly of lS4l, !
furnished to the City Collector, as required by
said act, detailed statement shelving the
names Of al the holders Of city stock, together
with the sums held by them respectively. Act
s.,f~ t,,Fn .l,o l,yin, he
attorney for the State, the collector suisse
quently demanded of me the tax stated to be
due from said holders. After full conference
with the attorney for the city, he advised that
the act OF Assembly did not make !: obligatory
on me to comply with the collectors demand,
and Of this, he was Immediately informed. The
result was, petition to Baltimore County
Court for nlandamus, requiring me to show
cause why ! refused compliance with the Col
lector's demand. An answer was prepared with
his usual ability by VIM, L. Marshall, Esq'r.,
late attorney for the city and filed in court, but
before the day appointed for the hearing Of the
case it was abandoned by the attorney for the
State. In connexon with this subject, it seems
proper TO state, that in addition to the full con-
viction Of the impossibility Of complying with
the act OF Assembly, was unwilling to ac-
knowledge any other authority than that from
which ! derived my appointment; and az the
Council, by solemn act, had declared that
they would not tax the stock for city purposes,
evidently regarding it as breach of contract,
would not consent (unless obligatory by law
TO do that for the State, which the Council uiI-
der full conviction Of its injustice had refus-
ed to do for the city. 1t may also be stated in
addition that ! am not charged by ordinance
with the payment Of interest to the holders of
city stock, but it is made my duty to pay over
the entire interest 20 the Commissioners Of FL
nance, by whom it is paid TO parties respective
ly to whom it is due. Every certificate ofstock
issued by the city sets forth the obligation of the
city to pay TO the holder thereof full Eve or
six per cent interest as the case may be, and Il
would be difficult to SUPPOSE tina, an enlghten-
ed Legislature ever intended to require me, as
the representative of. the city Gn which posi-
ton il seems 10 be commended was placed) to
violate a solemn contrac. made by the city, 1t
seemed altogether proper that if the State de-
termined to collect tax from the holders Of city
stock that it should be done through its own
proper agent. As respects the act Of Assembly
Of ls4S, the same objections applied to il as TO
that of lS4l.
On consultation with Hugh d. Evans, Esq,
the present counsellor of the city, he advised
me not to withhold the State tax from the in
terest due by the city to the holders of city
stock; and stated moreover, that such pro-
ceeding might in his opinion make me indivi-
dually liable to the parties for the sums with
held.
The attorney for the State was fully inform
ed without delay of the opinion of the attorney
for the city, and invited to institute such pro-
ceedings as in his judgment the case might re-
quire, but after full investigation Of the en-
tire subject the attorney for the State deemed
it useless 10 institute any proceedings what
ever, as it would only subject the State to I'M
necessary expense.
In connection with this subject it also seems
proper to state, that the Appeal Tax Court in
their official return 10 the treasurer of the State
in the year 1912, reported as part Of the asses
sable property liable to State tax, the stock held
by its citizens. The treasurer having in his pos
session this official document, and also in the
! actual receipt Of Z large sum of money return
ed to him by the collector which was received
from the holders Of city stock for the State tax
thereon, 1t seems strange that it should have
escaped the vigilant attention of the treasurer
that portion of the returns of the collector was
on account OF tax on city stock. 1t seems
scarcely less irreconclablo with the ability, in
dustry and devotion of the treasurer, that he
never should have learned from published &C.
counts, or from the attorney for the State, or
that he never should have enguired from any
source whatever the reasons why the duty
which he deemed acts Of Assembly required Of
the Register were not performed. Without in
the slightest degree intending to cas-. an impu-
tatoa on the treasurer, am constrained to say
that II he had been half as DESTROYS to be cor
rectly informed on the subject as he seems to
nave been willing to cast an implied censuer,
ne Wouiu not have remained ignorant Of the
facts and circumstance. herein detailed.
~ reference to the accompanying statement
II Will be seen, that the entire existing and es-
tlnateo claims against the treasury TO be paid
during the present year, including the quarters
interest accruing on the Slst day Of December
next on city stock debt, amounts TO the sum of
! S7ll ,527 II. Should the snecial anntnnrin