The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-14
eciOt DespuJon 90 The EUeni,lo Tee graph.
AttnrneY-acmcrn RennrG.

last evening presented to the Legislature his
Annual Report, as required by law. 1t was
read to both houses. The following is a copy of
itin full:-
OFBIOE OF THE ATTORNEY GENERAL, HAIR
RIsBUkG, Jan. l2.-To the Senate ana House OF
Representatives of the Commonwealth OF
Pennsylvania - Gentlemen In accordance
with the act approved 2lst Al pril 1857, respect
fully submit the following report of the Official
business transacted by me for the year just
Closed
on the 18th of January, 1865, as appears by
my annual report presented to the Legislature
on that day there remained in the office of
Attorney. General uucOllected claims due the
commonwealth amounting to one hundred
three dollars and twenty-five cents (SlG2 7O3.25
Of these one hundred and forty thousand five
hundred aud eightysix dollars and hfLy.slx
cents (Sl4O 56), had been placed in the hands
OF the late Attorney General. a large proper
ton of this amountwas for taxes due the State
Dy insolVent oil companies, and Will probably
the DslaDce, amounting to twenty-five thou.
sand one hundred and sixteen dollars and
sixty nine cents (s22.n6'69), mad been certified
TO me during the year eighteen hundred and
have collected during the year eighteen hun.
dred and sixty. eight, fifty Thousand four hum
dred and ninety.ntno dollars aud nine cents
(s50, ,499 Co., account of the principal, and foar
thousand four hundred and sixty dollars and
forty.two Ceuts (Sl46O 42l, for interest, leaving
uncollected oithe principal of these claims one
hundred and twelve thousand three hundred
and four dollars and sixteen cents (SIl234l6)
During the year just closed there have been
placed In my hands new claims to the amount
Of one hundred and sixty-six thousand eight
and y half cents (sl66 S2l 66l1. OF fthe principal
Of this amount have collected ninety.six
thousand seven hundred and forty-stx dollars
and twenty.six cents G0j,7IG2G), and of the
interest four thousand four hundred
seven thousand eight hundred and
have been Withdrawn by tue Audtor-Generai
for settlement. There remains therefor OF the
principal CT these claims uncollected sixty.two
Thousand hundred
thirty-two and half cents (S62,2Ol'3212) for the
Brought and are now pending. OF this balance
forty five thousand two hundred and eighty
two dollars and siXty-twO cents (Si5, ,2S262) were
placed in my hands within the last few weeks,
and at 20 late a date that sufficient time has
not elapsed for me 10 receive answers to the
In addition 10 the collections from the
sources above enumerated have collected from
appeal cases and suits of different character,
the sum Of one hundred and hfty-two thousand
two hundred and ninety nine dollars and
amount of my collections tor the year eighteen
hundred and sixty.eighJ three hundred and
dollars and fifty eight cents (S3OS 47O5S) all
of which was paid into the Treasury
of the State Immediately on its receipt. or
the collections and payments made during the
year detailed stateme- It's were made out quar-
terly and transmitted TO the State Treasurer, as
required by law. AN annual settlement of my
accounts with the Auditor.G q eneral was also
made, IN accordance with statutory provisions
are now in process of suit, with the exception
of q few claims which have not had time to
receive re plies from the defendants.
To enforce the claims of the Commonwealth
have brought one hundred and two suits
Q02 service has been had in sixty four (6D. In
three (3) the Sheriff has returned service ac-
copied" ." in thirteen 6l9l "nihil," In one Y. e l.
have been ''stayed or wlthdrawn," aud
eight (S) the Sheriff has not as yet made
= any return. Judgments were taken in seven
teen cases 90, and seventeen ~ executions
have been Issued. OF these four G) were returned
"nulla bona;" ten (lOl are not yet returned, two
extended
condemned" In these same actions thirty five
t5j t5j2 "DisconIinued," and nine "Discontinued
and plainliff satisfied" Fifteen appeals have
been the taken audof General he and gtass
Treasurer: ] otl In n1eaG nearly all Ilo of these
in the Supreme Court of the State or in the
Supreme Court of the United States and by
agreement between counsel the verdicts are
a of these Courts above. During the year there
have been issued two writs of quo warran to upon
Atlantic and Great Western Railway Will be
tiled at the present term of the Supreme Court
The quo warranto issued at my suggestion in
1867 against the Gettysburg Orphans Asylum
the hands OF the directors, amounting to $500.
Interpleaders in regard toownership have been
filed. and the p point l Will doubtless J. be heard
month. The Washington Library, against
which a quo warranto was filed, charging 1T
% NV last annual report, ceased its operations
and was dlsbanded previous to the day OF hear.
last May, two decisions OF Importance
10 the Commonwealth were rendered In
commonwealth vs. Phoenix Iron Company,
the Court held that when the act Of 3Qth
. April 1854, subjected all com panies TO tax Oh
their earnings or income except those paying
a tax on dividends, 1t was clearly not intended
10 exempt from the new tax those merely pay
ing q tax OF their capital stock" In Common
wealth VS. Ocean Oil Company, in the court
below, 1t was claimed by the defendants that
hey were not liable to pay tax on net earn
iDgs or tncome until after they had realized
enough from sales of oil to repay the original
outlay, thus contending that the oil was their
pincipal. Judge Pearson favored this view,
and ordered verdict for one-LDird of the
amount claimed. The Supreme Court below,
however decreed that the oil sold could not be
Considered as principal, and reversed the de-
dsion of the Court below, and awarde q We uire
denoVo. There were immedlatly dependent
on these questions claims amounting TO nearly
one hundred thousand dollars. The case of the
4 COmmonwealth VS. Philadelphia and Reading
railroad Company, involving the question of
be constituiiCnaIity of the ton age tax which
vas decided adversely to the Commonwealth
supreme Court on writ of error, and will be
4 beard at It's session in May next.
A number of corporations nave appealed
rom the settlements against them on their
rOss receipts, basing the appeal on the ground
mat the tax is unconstitutional so far as iC is
sIse nom goods intended for transportalio on
myond the limits of the State Toe case of the
Reading Railroad has been made test,
Spring the present January term. In
4 The Commonwealth VS.. Central Petroleum
4 company, the defendants have appealed Iro "a
\ NE ADVERSE decision of the Supreme Court of
be State to the Supreme Court OF the United
states, and the issue will be decided by that
ribunal. The claims against the company
: which abide that decision amount, principal
md In teresI included to over forty. eight thou.
Il sand dollars (S4S 000). An opinion is expected
. curing the present term. ,...,,,,