Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1866-02-01
For the Farmer
The Four Dollar Communication
Tax,

Mr.. EDIToR:-There is considerable ex-
citement in certain parts of this county in
consequence OF the county Treasurer taking
steps to collect the Military Communication
tax Of four dollars, due from every male
citizen OF the county, between the ages of
Is and 10, unless exempted by law. This
all grows out OF misapprehension of the
duty OF the Treasurer. 1t has been repre-
sentcd that the Treasurer is not under any
obligation to collect the tax--that he has a
discretionary power either to collect or not
collect. The law gives no such discretiona-
ry power to the Treasurer. lie is placed
under the same legal obligation to collect
the communication tax as he is any other tax
assessed by virtue of the laws of Ohio. By
reference to the 9TH Sec. of the law of 1865.
! 1t will be seen that after the 18th of Sem
tember, the treasurer shall proceed to col
lect the same (taxl by distress or otherwise,
&c This act is mandatory in its charac-
ter, and completely strips the treasurer of
all discretionary power; and it would be a
singular law if it did not. 1t has been rem
resented that the former treasurer of this
county, Mr.. Raft, did not collect the COM
mutation tax. That is all true; for the rea
son that he had no such power. Mr.. Raitf1 5
term expired on the lst Monday of Septem-
ber, lS64. The law then in force was the
act of March 3lst, 1864. which made il the
duty of the county Auditor, (not treasurer
to collect the same by distress, &c. MIR.
Weitman was then the Auditor of the coun-
ty, and either neglected or refused to collect
the same, For his direlictions as an officer
suit was commenced against himself and
bail, and he removed from Office and another
appointed in his place. Should refuse, as
some would think | ought, | would be dire
lict IN duty; and as consequence my bail
might become liable and myself removed
from office. The laws of Ohio are ample TO
meet the case of all delinquent treasurcrs,
as well as auditors. The treasurer takes an
oath that he will Jadhtuly discharge all
the duties of his office :" and leave it to
the public to say in what light sworn off
Ger would be placed if he should knowingly
refuse to discharge his duty in this particu-
lar. | am as much opposed to the military
law OF Ohio as any taxpayer of the county
1t Is truly odlous and Il disgrace to the leg
isfatlon of the State, and ought to be re-
pealed; But my duty is plainly marked out
In the law, and | must discharge it consci
by some person, if there is such, who is viii
ling to to swear TO do his duty, but does il
not. | prefer however, to pursue the for
mer course. The law MAKES it incumbent
on me ''to collect by distress or otherwise"
with the penalty. have preferred to pur-
sue the ordinary legal way of collecting, not
resorting in any case to distress. If there
aIe any who believe the law unconstitutional,
they have ample opportunity to test the
question in the courts; and should the law
be declared unconstitutional, no person
would rejoice more than myself
have thus, Mr.. Editor, written to re.
move misapprehension which exists in the
minds of some of the people as to my duty
and powers, for | am 10th to believe that
any citizen of the county can have any re-
Elections upon the course which have pur-
sued, after he has carefully and candidly
examined the matter.
c. s. VORWERK,
County Treasurer.