Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-02-28
MORE About THE LAST STATE
avETNRUE
The Missing sIoo, 900.


No Chance TO Get the Money.
We made reference several days ego TO
the failure of a revenue officer to pay over
to the State, collections to the amount Of
$1,000 Memphis was the residence Of
the party, and Phil. Garyin, the Tax Col.
lector. Comptroller Blackburn, as before
remarked, has been absent from the city
for the purpose of making the best be could
out of bad transaction, and how well he
has succeeded, will be seen by the follow
ing from the Memphis appeal:
In the Circuit Court motion was made
by the State against Phil. Garvin and his
sureties for State tax collected as tax col
lector for 1866 and 1867.
Judgment was rendered some days since
against Phil. Garvin and his securities for
1886, balance due on his settlement for
1866.
AfterWard motion was entered against
said Garvin and ]. w. Page, Dan. Able,
John Donovan, Geo. w. Cheek and ]. H.
Waggener, his sureties. on a bond dated
July l9, 1867-for State revenue collected
on the assessment:for 1S67-whereupon the
sureties plead non est acknowledging that
the paper purporting TO be the bond was
signed by them when the amount thereof aUds
blank, and that Garvin promised them to
get other names to the bond before the
same would be deliVered-that other
names were not added. The amount of
100000 was aflerward, without their
knowledge or consent, inserted by some
person, and the bond filed in Court, with
out any acknowledgment on their part in
open Court or elsewhere-upon which
issue was Joined by the State, aud to deter
mine these questions of fact a special jury
of commercial men was empanelled, who,
after hearing and celebrating on the same
for nearly three days returned q YER
dict in favor of the said sure
ties upon their plea Of non est
factata., and consequently Donovan, Page,
Able, Cheek and Waggener were wholly
discharged from any liability. 10 the
meantime the State-whilst the jury was
out acknowledgements with it's mo-
ton before the Court against Phil Garvin
Individually, seeking also to hold the SUI
retieR on his original bond, executed in
1866, liable for the State tax of 1867 col
lected by him; but the Court, holding that
the statute required the Tax Collector to
execute bonds annually, decidedly that
the surelies on the bonds of 1866 were not
liable for the revenue OF 1867 collected by
Garyin, and dismissed the motion as to
them-leaving Phillip Garvin alone and
Individually liable for the amount of State
tax of 1867 by him collected and not paid
paid over, amounting, as alleged by the
State, to 100000, for which amount
the Court will in all probability,
render judgment against said Gar
given to-day. Thus it it will be seen that
a public officer, handling more than
quarter of a million of dollars, is allowed
to proceed in the discharge of his duties,
collecting and paying over upward Of two
hundred thousand dollars to the State and
county-stiIl leaving duo to the State q
balance of $100000-as aforesaid, and that
too without bond 1t is, the intention of
the State to inaugurate rigorous measures
to hold those whose duty it was to require
competent bonds responsible for all DANA
ges sustained by the State on account of
their gross negligence and failure to dis
charge their official duties 1t may, how
ever, come to pass that they too have no
bonds. 1t is said that Garvin will settle
az far as be is able, having sustained a
heavy loss by the suspension of the Co M
mercisl Bank