The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1875-01-21

ZUC.
Number withdrawn, /.
Number collected, SO.
The amount of money represented
by these claims was, S74,396.Of
Amount collected, lF,O09.0VI
Balance for collection, S3I ,336.44
Payment has been enforced upon the
outstanding claims of earlier years and the
total collections amount to S97 ,7G3O1.
OF the claims certified for collection one
hundred and eighty four for the second IN
stalIment of loans upon the character OF
various corporations, and to obtain their
payment one hundred and fourteen suits
were brought In comparatively few IN
stances were legal proceedings unsuccessful
Many Of the companies whose charters were
thus taxed have no officers, agents, or mem
bers upon whom a legal service could be
made, and most of them have no property
to satify the judgment obtained against
them after suit has been brought. Care
was taken to protect the interests of the
| Commonwealth and avoid making costs IN
cases where collections were impossible.
Thirty-one appeals were taken by. differ
ent corporations from the settlements made
against them by the accounting officers
| Thirteen were satisfied by payment made
directly to the State Treasury by the COM
pauies, under the provisions Of section II,
of the act of the 24th Of April, 1874, (P.
l.. f. 72), which allowed an Abatement up
on certain claims if paid within thirty days
after its passage.
! Six of the appeals involve the constitu-
tionality Of the law passed at your last ses-
sion, imposing tax on coal companies.
They have been placed at issue and viii be
tried, it is expected, at the February ad-
journed court, together with the other ap-
,peals, which raise questions under carrier
laws.
| The Erie railway company appealed from
the account settled against it for gross re
Iceipts. The case was tried on 9th March,
1874. and resulted in verdict III favor Of
the Commonwealth tor the sum of $I6,-
I1S6.20. Upon writ of error taken by the
company the decision Of the court Of com
mon pleas of Danphin county was affirmed
by the Supreme Court, and from their de
cree the company appealed to the Supreme
Court of the United States.
To avoid delay incident to- q tESI IN that
Icourt, the Commonwealth obtained an ad-
vancement Of the cause, and 1t will be argued
Oh the 10Th Of January, 1873.
| The case involves not only Z large amount
of money bat most important principle,
1t will decide whether the Commonwealth
has restricted Its powers TO tax this COM
pany By the provisions Of the act of March
2G, 1916.
The decision OF tie Supreme Court re
viewins on writ Of error taken Jy the Com.
monwealth the ruling Of tic court below in
the case of the Commonwealth rs. Geo ..
Evans was duly announced IN the report
made by myself for the year 1873. In ac-
cordance with the principle established by
their opinion, re-trial Of the Sc was had
on the 31st Of january, 1917, and l2sulted
in an increased verdict for the Comm, on-
wealth, for the sum Of Sl86, ,G6357. On
the fourth of February, 1874, Mr.. Evans
having been surrendered to the keeper OF
the Dauphin county prison on bail piece
issued by his sureties his suretics for the
appearance were released from further
|, HaDIlGN Dy OIuST Oh lne court
The action against Mr.. Evens was com
mcnced by capias, and at tue time OF the
trial question of law was reserved by tho
court, as to the power Of the Common
wealth to institute proceedings against de
faulting public officers in this manner. AT
ter an argument Of considerable length, the
court held that the Commonwealth posses
, sed this right; that the action had beer
properly brought and entered Judgment il
favor Of the State upon the verdict. Th,
Commonwealth then issued capiaS ad sat
, isfaciendum, to which the sheriff made re
4 turn "cepi corpuset committUs"
On 10th March, 1874, Mr.. Eyens, whC
e was still in prison, gave bonds with secur
r ity to apply for the benefit of the insolven
laws, and the court thereupon ordered hin
l. to be released from custody
n On 9th April, 1874, Mr. Evans fte,
his petition to obtain his discharge as al
e insolvent debtor.
The application thus made was resiste,
3 by the Commonwealth on the ground tha
3 the insovent laws do not apply to her del
| tors, and that Mr.. Evans, therefore, coul
: not be released under its provisions, an
. this position the eourf sustained in an or:
] argument, delivered on the Sd of Septen
s Der, 1874.
Q On the following day, the court bein
Z satisfied by the affdavits of physicians tho
imprisonment would result in the deaf
u of Mr.. Evans, directed continuance of tn
!. proceedings until I'd December, 1874.
% At-the close of the month of Novembe
IF Mr.. Evans sent to this department pacl
% age purporting to contain certain statement
a of his receipts and expenditures of the pul
n lic money, supported to some extent at lea,
; BY bills, checks and vouchers. OF its co,
p tents | have as yet no knowledge 1t w;
It immediately sent to the Auditor Gener
/. and State Treasurer, who were the prop,