Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-02-10
LOCAL NEWS.

ASSEXA FROM EDMUND
BURKE ESQ, TO THE ATTORNEY GENERAL
REPLY OF THE Hon. R. II. DANIEL TO THE
COMMONWEALTH S ATTORNEY. As previously
atei 10 the Gazette, MIR. Burke, Attorney
for the Com moDwealth for Alexandria county,
considered the case of Phillips VS. Payne, known
a. the anne cation Case, OF sufficient Importance
to transmit to The Attorney General full de-
tails of the proceedings 10 which communion
tou the Attorney General replies that he has
laid the matter heiiure the Governor, who re-
cards that any intcrveutioa by the State IN the
controversy would he premature at this TIM,
but the Attorney General desires to be kept III
iolmed of the progress of the litigation 10 It's
future stages The following is the CORES
pondence:
ALEXANDRIA, VA, January 26, 1874.
Hon. Rateigh T. Daniel, attorney General:
Dear Sir: Some time since movement Was
inaugurated designed to test the coDstitutlonali-
ty of the act of Congress, passed july 9Th, 1876,
retrOcedlHg Alexandra county TO the State OF
Virginia, which has resulted in q suit brought in
the Supreme Court of the District OF Columbia
by Robert A. Phillips, aproperty owner against
Charles w. Payne, Collector of Taxes for
Washington township in the county OF Aloxan-
dra The facts in the case are rs follows: On
the 18th of January, 1874, Tax COLLECTOR Payne
received y commune .tion from Dir rhlinps re-
guessing his presence II the city OF washington
u;on the succeeding day to receive the sum OF
Sl65 Is. the amount Of st 'te, county ana town
shin taxes due by him on account OF assessments
previously made according to the laws OF the
St.te OF V re nG, In compliance with THIS re-
o..est of Mr.. Phillips, Collector Payne met MIN
al e limo snd place DIES grated, received the
tx.s and delivered to HIM receipts therefor.
simultaneously wi the payment OF the taxes,
Phillips placed in mis- hands written protest
against tie payment thereof and on the same
day the collector served with process IN d
sui. brought by Pm lips against him for the re-
cuvvry OF the take, 50 paid MIR. Payne trans
United to myse /, rs Commonwealth Attorney,
the papers in the cause, with request that >ucu
action should be I'D aS tue necessities OF the case
might require. The question raised, directly in.
20 wing u it does the territorial boundary and
jurisdiction Of Virginia, it is proper before
taking any action in the premi es that the high
est law uhcrr II the Commonwealth should be
consulted; Therefore. the enclosed copy Of the
letter from Phillips to Payne, together with
printed copies Of tue prot st and declaraton IN
the cause, are herewith respe fully sub utted.
III this connection with due Difference, sin
gle suggestion may be added upon the legal AS
pect or the Case.
In The event of a jud 5mcnt against Collector
Payae he and other collectors would be har-
raised with a multiplicity OF suits similar in
character, and their property in the city o.
w ~AAS-A
.1..rs would b.. seized and subjected to the sat-
!.tautun OF juG gments recovered against them
lnlS CONDITION Of things, besides tending to vlo-
irlcc and breach of the peace, would be cncu-
la.cd t. deter and impede the officers Of this
county in the dlscharss, Of their lawful duties
Should Mr. Payne defend this suit, his only de-
fence could be that the act OF reLroressUn Is con-
s,itutio al, and should he determination Of this
uucstiun By the Supreme Court Vi the District OF
Columbia he appe .lei to the Supreme Court Of
the United Sites, thu decision Of that Court
would undoubtedly influence, il not control, it:
future con>i ;crntion Of this question, and thu
III. tights Of Virginia mil hL be pref udced, if 10:
absolutely cotcuuci, by he decision Of SUIT
in vii. n the Stale would be unreprcsented and
t. which she Won d not be party.
Abe and experr, need counsel have already
been eny,l yed hy those who have controi OF tbs
III vem.n. and by the District government,
Mnicn is seeking to enlarge its boundaries %
tie i'm Is originally accorded 1t by the terrific
ia ccssion> OF Maryland uud Virginia.
Ui.dcr these circumstances, IL is respectfully
u,gcd III | tie proper curse to be pursued III
tins emergency presents question worthy the
scri,.us consideration Of yourself and tee Gov
error.
Anticipating Nh early expires ION of your views
upon the facts aid suggestions herein contained,
! have the honor to be, with great respect,
oar ubcdient servant
EDMUND BURKE.