The Placer herald., 1870-02-05
TAX COLLECTOR.

Some one writing for the Stripes slghlhg
himeeIf ~ Limb Of the Law" IA dead
and rotten limb ws should tbnk) couvinees
himself that one Of the mos. foolish sbsurdi'
ties ever uttered is 10 fact law. II is well
for this limb Of the lsw" that he kept his
real name from the public, as bad it been
given he never would have bad another cli-
en-. 10 the world, il be ever did have one.
This sprig Of the green bag should know,
but II seems that he does not, that the Su-
preme Court has repeatedly decided that
the Legislature can impose the duty OF Tax
collecting upon any officer il chooses. pro-
vded the person has been elected by the
people 10 some office. In one Of these de-
cisious the Supreme Court says: "Tbs Con-
sttution afixes no period Of tenure 10 the
office OF Tax Collector; nor does it provide
any mode Of appointment. So far as this
Office exists 10 the incumbent. il is an cfics
created by legislative act. The Legislature
may direct how it shall be filled, and how its
duties shall be discharged" Again the
Court says: "Tbe Legislature may author.
ize the taxpayer to pay his taxes directly
into the Treasury" Then any person who
has been elected to a county office in this
county at the last election can be made Tax
Collector. ....
The correspondent above referred TO wish
es 10 know how Mr.. HoIleubeck could have
been elected Tax Collector under the pro-
yisioifHs of an act that was not in force at the
time of bis election. We answer, simply
because under these and simil!!a... rulings Of
the Supreme Court be is made, By this law,
ex otiicio Tax Collector when the law goes
into force, on the first Monday Of March
next. Whoever is County Treasurer Of
Placer county on the Arst Monday Of March
next, is by virtue OF an act Of the Legisla-
ture then to be in force, which the Supreme
Court said IL had power to pass, Tax Col
lec!or for this county. Under these Supreme
Court decisions, the Legislature has power
to relieve our County Treasurer of this duty
and impose it on any other county officer
elected by the people Of the county.
This let's this climb Of the law" out, and
gives him chance to resume his studies,
which be stands greatly 10 need of prosscu
ting. But the widest freak of all is the
assertion of this "limh of tha law dsclar-
ing that Perkins, Calderwood and Dupnam
will be Collectors Of taxes for two years to
come. Does not this scribbier know that
Perkins and Calderwood are now both out
Of Office and their Offices are vacant by op-
GRAFTON Of the Constitution, and that Dun,
nan will be ont ou the first Monday OF Marcbl
Such talk let it como from whom it will 10
both silly and wicked nonsense. Attempt
such an outrage and the Attorney General
OF the State is bound to bring them up with
a round turn for an attempt to usurp office
Let such an atlemp. be made and there will
be no taxes paid by the people Of Placer
county this year, or at least until these
usurpsrs have been dealt with according to
law. We don't believe either Calderwood
or Perkins could be induced to enter into
any such wild or wicked scheme, though
there are simplstons here that have DO more
sen.s or principle than 10 talk Of such things.
|