The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-05-18
The Opfml0m OF Judge S1mrmAA
Dissenting fr0m aARc De-
cfsf0m denying @ms-
afce 90 the Tax

A large part Of this paper is occupied
by the able opinion of Judge Simrall
dissenting from the decision of majority
of the Supreme Court denying to tax-Pay-
ers remedy by injunction against the
collection of taxes Illegally and improper
ly assessed. The decision of the Court
leaves the people without relief from the
abuses of incompetent and dishonest as
SCISSORS and collectors. No matter how
palpable the wrong, no matter whether
errors have originated to the detriment OF
of the taxpayer, in ignorance or design,
or to what extent the imposition may
have been carried-there is positively no
remedy whatever left to him under this
decision. Suspension of proceedings by
legal process until their rightfulness can
be tested by the Courts, Is impossible.
The opinion of Judge Simrall will open
the eyes of the people to the enormity of
the wrong which has been inflicted by the
Court and viii compel the belief that the
majority have prostituted their Office to
the schemes of the Plumber Ring who
are confscating their earnings. A parti-
Fan Legislature has increased fve-fold
the taxes upon the property of the State
which had been reduced three-fourths in
value by the war. Swarms of incapable
and corrupt men, as shown by their re-
movals by Gov. Alcorn himself, had
been put into Office to execute this law.
Unparalleled abuses had been practiced
in the assessment of property as attested
by the Legislature in the passage of an
act authorizing Boards of Supervisors to
correct them, which act however has been
misconstrued and nullifed by Musgrove
in the interest of the Ring to the extent
of his ability.
In this emergency, the only remedy
left to the wronged party, was an appeal
to the courts to interpose and arrest pro-
ceedings until their legality could be de-
termined. At this point, the majority of
the Supreme Court, uttering the voice
of that potential tribunal, have interposed
and declared that this remedy does not
remain to them. To reach this conclu-
sion, Judge Simrall says as truly as he
has PROFESSIONALLY demonstrated, that
the Court has ruthlessly trampled under
foot the " uniform, unbrokeh practice in
'sthis State as far back as our judicial
" records extend, unquestioned and an
{" challenged until nooc." And he estab-
fishes that the practice in this State has
not been exceptional, but has been in ex-
act accord with the invariable usage of
other States, sustained and upheld by
the highest tribunal in the government.
1t might have been added that it over
turns a fundamental condition of the,
Great Charter prohibiting the denial of
justice obtained by our English ances-
tors from King John, six hundred years
ago and Incorporated into all free govern
ments which have drawn their life from
that imperishable source.
A serious question arises: what are the
people to do for relief against abuses in
the collection of taxes under this mon
strous usurpation of the Court? What
can or ought to be done, about it? They
must elect Legislature that will right
the wrong-but meantime what they are
To do ?