The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-25
I'D 'riteYssai Fy 'lis eoU,l' 81 .gTafS; Esd III
&.n:f &.n: ~ M ias .au .ss .ss .s 81 Ill ST.


ia ;.its,Na;I, 4 q 1 ,Ey .lis 'eeV,l. q 3 Eyat; d
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Esfe BY thsIf shsfter oI9HptSl ifdm hi iazaii5a,
"a Chs amOgnt, which ho had paid; under proea
tition WAS referred to the COMMITTEES of, Yays and
sieaps' with authority to confor with tho City At
On tho 10Th February, 1852 tho Committee mpdo
fhoir report, and as II is based almost entirely
upon loyal considerations, 1 hayo no doubt It WAS
%Sds PAD upon conference with mo. and under my nd-
Tho report statcs that tho taSos paid on divi-
dcnds, during the four years last past, amounted
tliey had been paid under what was oaliod a pro-
test: That no protest had been rado 10 tho City
Council, nor hH1 there boon any coercion Of loyal
process, and that thoro Was much variance In the
forms Of the protests, Tho report concludes with
recommending that tho prayer Of tho ,petitiono!s
legal remedies, should thoy SEQ ct to pursue them.
Tho report Was adopted by Council, and there
has boon no other action OF Council thereon, OK
feoent petition. =, 5--=s5.-'zl q, -. -s-:'.'
In, tho case Of Robinson %. the City Council "a
with knowledge Of all tho facts, paid tax which
was afterwards declared to be illegal, IL could not
be recovered back. twas . voluntary pa J1hont,
bot under coercion Of lcgol process, and WAS O
waiver Of al legal exception. In delivering tho
opinion Of tho Court, Judge Butler ssys: SIT would
hoso, sftor money has beon expended upon the
tiCulariy after the payment Of il may hsYe been
tic statute Of limitations" % ' "n''' p''.'u ~ -
It is my opinion, however, that II . tax DO paid
osaiity, while The question Is 81 being Elm judioislly
tostod by othors, 1t may bo recovered back II the
tax DO declared illegal. In tho case Of this
paid into tho Troasury, and, diabursed In public
expenditures; AZ appears BY tho report, some
tested in writing and aome verbally; aomo on ono
ground and somo on anothor. Undor these CIR
sumstanres II was dsomed sayisabls 70 leave The
proper to roeort to thom, and 80 mako no dis
criminauon between tho many citizens, ali of
" s ,n hS a
ThoIS ths courts thought tho parties res
now be sscertained In what form Mr. BuroEmyof
protested: But thero can be no doubt that no did
protest and IL a gr13bsby in as decided
Court dotormine what Sas In eneh case sufficient
protest, and 30 lay down tho rule or rulos by which
Council should be governed in this as vol as in
A demand like this LIS barred in four yeara II
there DO no suit, and no proof Of pfomise or
protestants is that the statute began to run from
tho tmo that tho tax is declared illegal. Perhaps
| from the time of.payment. It does not appear
that Dir. rBurckmoyer commenced suit Before
April 1866 TIE taxes wore paid in 1s4s 184s, 1880
| When, therefore. this TatteF came before mo
Ss o s i my q si1y cua. to sG SS %
advise them and, in case Of suit TO take in their
bohalf oil legal defonces. II they think proper 10
waive them 1E any OF them, under particular cir-
havo no doubt 6Ir. Burckmeyef did apply to
] tho Mayor and hold conversations with him. but I
fln Ind
10 1866, nor sny appHcationto Council sinoo their
report II a ls52anor :apy. prSs9issSSs acknowledge
sS % seSs oa o h
f'S s. s.ate Ian
viowB OF tho law touching IT, tits in the option
Of Council 10 say whother tho plca Of tho statute
shall eS %is5s iRsf5sSa fss95os' os waived " D. p6RrrR
REronT OF IuE COMMITTEE OF WAYS AND ,tkS,s,
MADE AT At REGULAR ,s9a a5EEErso OF, COUNCIL, HELD
Tho Committee Of Ways and Moans.: Moan to whom
was roforred the potitions Of John C. &Burckmyer
as 5Hs scssss & ss @ sa
Bank Stock, ahd to confer with tho City Attorney
thereon, beg leave TO report, that th0y haso conhf
upon Bank :diyidends hAvSi boon. paid to tho
amount Of sss ,OOos during penod Of four years,
In ,% they have boon paid
turn, but inthe ,yast minority of cases without
,, gny such objection. In no case was any protest
any resolution that the taxes ahould be rotusned
II found to be illegal
opeIp aSs pFSes Il 81 @ ss tho case st ths
unequal and oppressive" in comparison with
other subjects or iaIatiaR. tpqt thptit, is cgal)
in S!ns 1e
'Eff Comm a ID ese aayisss tl.s extremely
doubtful whothor the Sums paid can be recovered
horlr in nff yInsxr nh