davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20

90 ID DEAR SON
., ,, q, .. loo r ...t. ,... ,.r,- s1.a ca'i. v9u
A'i' ." -, . g. ----.. ID, d.. ,l.,- ,rt,.., 7
r,t..t.i ta1dI ria-it vas rf,g DR.. ]llw's, hu. ann
.,, .lo,,+ -t,l .ql FL, tho OF r,ir.r OLD, nac
pAr1, Hts Myrs aul4 ".ce thrown o. .iier ana enc
ing 10 IN. her trials ami eoH1es. ana, among
p'a"r' hat she WIS ST -.sL I' -- 1.., i' E
..., - s,...,..,r s.,....... ...-.. l,,- and ,a,
- ,,,.... r.li, Fl, advise Win or to
pou,i.r and said 10 her. "W, consult with me AS Il
20 y''N son ! "-' give on an 'N' .''-' ,"-'
. TO-" much were !'""t' s--.0' H. A.''' 10 90 4.
fon rot never proposed - 1.r ahi nave 1o' 'Ae
b. ..i,-t idea nJW o sac was. Laughter! .
O. ia were ler senior were lou uoJI \. l don't
~ IN have noludsln.n upon that SUBJECT A. NO.
b. asae.
q ou think ina DC way SIZE COM, TO address You
eause You told hcr go c.nsllt you as i you were
Be .at a because she cam 20 -i -- ma. '-' - 10
81 s.. or no person Q" consul a"' sud- " insult me-
q d.. peTnd t.l- ia-, .,-' '-.e WIZ ll-o" some
"N ~ nave i"d oi. 'ti iI i. '''i- IN stif'N 10
20 .ld al co' ~ " '''' De- 20 ,lr , ',i'
" i- fA,r, envy -.'-- t'l' a. iEr.n you ana Aor'
eha' ave rise 70 ll-. e-i, -'' N'Hc '-"' 1o''-H
D.. ST. ,...-.r.-,,..
q I'd you answer 'ha' .. % A. N'' ''"' 4'c"-o'l
Pn win rad an, finer and -, f.. t VIII tr, av Light
rp.n i-' subject l-.'a''.'.-.I .,.-.,,. $1,000. -.
-, i' you khS" '--'@ De- -..'--' YOU 'i''' @ ' ~
Dli you ask her 10 call you son 20 A. IN no other
- han have s.at'.- ~. ., - r...... 60.
q. 40 other "dyf a. NO othe' way. IL Was not Tor
o. -i-r. II was ior l,l-.
Y l't she 49,! r. 300 lrf -r'I.f;
b' YOU know tAiN" ID Strange you N-'A.n as" He 10
g. f"0 son .,, 1900 .....,. "
- "a a. ASi 't -" , i - ,, ,,, - N, ,r,,r+,
q To va =, ,i' t'', va 80 .. .t . ~ 1..'i
.'N s "a car. ig' itt,r,f NJ ,lors nv H. v,itn
Eii 10 eAPi@-h l'''i % -AT' 'iO'' q" 44 -AVu''oA
a. n'' our ia t''is i.t,.r.
IN f,t i secret Of l,r lg' a. she calls
.. va P y. .v 5 a.. ~, q, -' ' | '-' " ' ~
II SOL, no - y ". & t ti.,o MS m ted fl,o
-'>o ne CIV '',' 800 a., ~ .-. rt a.. ~ -..
80 = 4. 80 80 -. ~ '' ~
81 ~ no ~ 30, - i.t1,.ss.i ~ vor Wa n moi 2
~ Inc "NsUas0 "'-' -'' ~ '' vac "
a. ma vou took the letter 10 Nj Woult0n have IL
e. .fe3 YrS SIR: but il w.s Mr. NIor-p'- letter to
a.. ,nt what A,r, Triton had said aud You ask
-, ,6st two women s.lid-viT q ought about h.
- - - Won y.i.f Won CId think about it 4.
A. / teil Won d. M know
IN ina v;,u kr ,,y tu.p =. don't suppose did
~ I'D Nv iIurressUn rs tu4t G.a not read ia, IT,
e,
a Tr, IA read p little further Ircadlnql
I'M darling spl.t most of y.-je.iIy with me- She
All III sIc had In the way Of money $40 per week,
Siio wa. Tor food AND on Other household expenses
pie from rent, and Tins Ms gwen Ari u MANI o5 ann
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20
rELrGrAPHrc coNvENIENcEs FOR LAWYERS.

IfIIlLNPhlO tONh ENlENt - lOk La ~ li.ts1'
The Law Telegraph Company of this city
will begin operations to-day with about 90 connections
~ The aid of its wires Subscribers placed ~ direct
and private tccgraphic communication with The different
courts aud sheriGs Registers and County Clerks
Offices &C. and they able, besides, 70 communicate
prvarey with each other Lawyers and others can also
by means OF the instruments their Offices, send tele
grams to any part Of the country either the Allan
TIC and Pacific or Western Union lines, each Office
beipc by this means made branch Office OF
the Company. Connection with the various Brooklyn
%, irfs will soon be effected The main object ana lis
tipcive feature of the enterprise lies IN The fact at by
it, aid lawyers enabled To get timely notice o. Ihe aI-
oo of heir for trial and TINS 10 save the hours
and even DAYS that are frequently wasted IN the attend
aice in courts The Company has H. reporters ana
Orcratnrs IN the courts and public offices, VINO send
notice Ia Subscribers OF affecting them. The nstr
Inenfs used By the Company dial Instruments OF
new pattern and easily operated Tne officers or the
COMPANY are follows: President, Homer y Nelson
VICE President. Daniel b. Chids Secretary T. Drake
smith: Treasurer and Manager William A. ChLds; En-
queer Charles T. Chester; Board OF Directors Homer =
nelson Charles IL. Wight, Herbert .. Hun, Charles J.
Chester Daniel b. Childs, b. Drake smith and william
A
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20

THE PARTICULARS or TWEEDS FRAUDS.
rii SUITS OF TuE CITY AGAINST RING rEIEyEs-THE
PROSTITUTION ORDERED ID SELECT TIE r8AUDC-
LENT CLAIMS oN WHICH r. WILL MAKE ISSUE.
rrioo Lawrence has reudercda long opinion on the
nations made for bills of particulars 10 tie cases Of The MAYOR
otr ooanst Edward Maueuer and william NJ Tweed and
rho Mayor. etc. AGAINST C---- 4lAgr ana "'4-H ~
Tweed These suits brought the one Tor Tjoo0j 80
the 0O0 10 back amounts alleged 10
have been -an1ucny obtained the city o- supplies
- ot fun shed az AL VI furnished in ess quantities than
CHARGED Itlnt prices o Tweed as Deputy street
comm. ~ ~ Commissioner Of Public Works Tic partc
ua OF the copa ut- Of which contains 81 and other
a counts the .orn though for different amounts
La, already been published in TIL TRIBUNE
jude Lawrence after stating the IoIm II the counts Of the
oauts savs that the magnitude and importance OF these
,-es Ina l him 20 give than ordinary Thought 70 them.
and LIE believes the result n which he has arrived a. war
rotd both on principle and authority r cites at length the
cases Of the People The Monroe common Pleas and smith
AFT Hicks 10 show that object OF bill OF particulars rs 10
sppr the opposite party the nature OF the action OF defense
he Avs. think thar the complaints 10 these cases
can he said 70 so definitely and nry appr-e the Defendant
Of the precise claim which made against him. as 10 deprive
hin of his apply for D, 81 particulars Of the plain
ta demand OF Justify the Court refusing 20 exercise It's
discretion N granting Oricg that such a bill be
furnished II il quite obvious mat tre defendant ls
mo-; aYprsel ~ the specific demands o. lis adversaTy
IL true That lac /. Informed that he accused NJ raieHY
certifying certain bills which bills purporeI "a Dee Tor gooos
furnished and supplied pautr and that u b. claimed
That either no such goods specified N tho bills were
actually furnished that only small portion 81 'neh goods
Was furnished Its precisely at this point thai The 'hs'ny
nehniteness and indistinctness Of the phtn scm is man
tested what portion bs certnec hy the deeudnt
was FOR goods claimed the plaintiff not 20 have been acl
Any .,Ii' ~. cnat md as MT acuy d, ,ert t4s ,.
icndant nowhere informed II tAe 1rrcp' on Whca ol-'
ms o bi- Cour, rendered hy tu-fjU-uc, savage ami
abo referred H. j. -e ms 20 ~ 'A' -. :, i s
ID whcl oih- -" pay Ia, nm, t rnt H. ,..t. ~
.frH 4lfII rf.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20

Judge Van Worst yesterday m supreme Court
Circuit DISMISS. the complaint oi Thomas 81 Tyn- against
I,u, h. DlIrk the opeuu- oi t.v paul. E" i-"-nth
,p, defendants we're trustees OF manufacturing company,
aut plaintiff that Do spent securing pa'r', O." te
company -ia In september $40 be- resigned Dis uoiu"n
a l7-., au. brought against le company Tor l' in
Iu January ISL the trustees OF tho company nrre'" ~
ME she annual rpor required by law of the company cHd
i,-u alI thereby, u,y!eg TIE statute sschne pti'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20

sonaIy Table for The company's debts MI Tying thea
brought suit Tho amt against the COMPANY
was referred reported favor of the com
many and Judgment entered against hr Tying The
plaintiffs insisted that Notwithstanding this Judgment Ng
could pursue this Mr. Clark. the Judgment
that case had been the plaintiff would have bound
the trustee The Court held Mr Clark not liable
by Of for omission Of duty, fN
corporation debt when once decided IN tra on me
merits that the corporation did not the claim u was oos
elusive The interest Of required an end of lgfnon
world allow such questions 10 be reopfnei VIZ
FOuke appeared for the plaintiff Freeman Fthin ' "
PENDANT.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20
THE FIRST Blush OF THE SCANDAL.

THE FIRST BLUSH Or THE SCANDAL.
O. Now Mr. Rcacher when did you first
x -''' 49, 49, +,
near mat TINS >cindal Iad gOt Outt a Goht Aho"i
should have 10 think that matter up.
= well ST. We "ih give you p'eh'1 li'he 70 uo So IL
AUer pause DO you aude 10 nc Iac' that there was
a difficulty between MI. 1Ou's family and mine-and
mlset
Q allnde 70 hs %GndW use the generic tciih'
JuGg. Neilson-In any fOrml
,- ,,Y.-,., l., or, ~ IT, s,r,,s mr. ra,,;Gcotiocs
TIE NucssI think she first ntimation had Of IL was
tr. card Of Mira. woodruff in May, 1871.
a n, - ,-,.ft, Voc III
" AZ a. "'' 81 - - ''' - ,
O. You quite that the Hrstl A. No, sir.
-.."' '' ''' ~ ~ ',''' '''i'' ~ 'i''' A.. -, ,-,
nag '4' u 20 any ~, pe vi iiSo'' ~ ,
e. lt- a Luy ~ L3M i,.''l d. ,-'s any
a' i ~ WIS 10 +; - ,ror+ q,
~ -"' ~ mo- - -. " 81 ''i ", 80 -
W.T. IN VI I'm ,i IN j., any ~ IT, Tan,igc,-
t.S.l ~ So Go i'ot I.siI h1aiu. mat IL Lad lot
'..f .lltii tlc irtin1lril ~, of tlc card
o. DO Won rcroll.ct inc letter OF Mrs Morse. which
r. l,a-5,,s T., yibgm Theodore Fitou had tod This
...-.,.5
~, -, or,,,,r w ti,,. Il NOT what she s,d
ri. O. ..i'.'ia"- ,t..1 -. II sui. ftrti,Il,
ga ''--.'.,.t 80 H., i! ana ro1a1 +old
sac ci- NOT say wlac. ,,,,.. ....,-,
III r. lli @ a. "p'se - - 49, t,'" i,a, toli
~ '' WON r ne .'t 'V'.' an" 'n'J III 'U" INV '''
"'t.' a 1w,,' , ",i" ';;,,4io, n lint 7 oslr in
q ''n het uAl,T tNi.ulnt,ion, -" "'' a." 81
oI,'T go oc "oo " i47 3 i " A. r no Won rcool-
G. am auihS az lhit tlgIe - uClCi ~ - 10
lerl that 4. Ao" ne ~ see L. IL Eol ptts tt-I 7
cannot mat recollcct ABOUT ms letter can rcyi
irt a' tl'T, Wa I'm, I n ~l'. II. ,il 49,
ll.oh a'o',, M Iiii3 w., -, r'iI4.t il
a,sou.ted with this letter, though may nave been
80 ana Iroo'g YOU'D gc:coact that Mr. Mention AMI
talked about te alteration that NJ Iilton had dco-ed
the family dimculu'S thaI eAs'cu 70 seFo'"l PEI -
ma. i' , ,stord thu, lc had disclosed tLc family
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20

related 10 this difficulty and take t to Mr. Moulton
for safekeepingi A. letter from Mrs Morse would go
10 Mr.. Mouon anyhow. whether knew the contents or
not.
O. That Is not what asked you' A. III the substance
OF what you asked.
O. No, II IL not ron did not ascertain the contents
Of that letter by reading It, how did II happen that
took 10 TO Mr. Mouon upon the theory that IL related 10
some difficulty that existed between yourself and Mr.
Fullerton you take letter and glance your eye IT,
and what its contents relate and then you don
care about going through it.
q. Is that the way you did, A. presume that is the
way; don't reoollect.
O. You think you looked into II far enough 10 that
II related 10 this matter A. just enough 10 that it
was a complaint about Mr.. Tilton and his family
q Did look at that letter just enough to that
Il referred 10 the difficulty IN that family speaking OF this
secret Of Mrs TtOns which not To he mentioned in
your presence If you came To see herf a. don't
recOect IL.
@ Now did you go in pursuance Of that lctterl A Go
where
O. Where the letter asked you tot A. don't know as
IL did ask me o. 20 anywhere.
O. VOL will have 10 ask yOu 10 read 10 and zee.
lOhtring witness the manuscript letter.
The WitncssI beg you will let me read the print Sir
the writing is very fine. aud with very pale mix.
NJ. Full rtOnCcrtainy, Sir 4. lAfter looking nj the
letter. / don't where she asks INT 10 20 any
Nher" don't perceive what your question pertains TO-
O. Did Won Mrs.. Morse after the receipt OF
thai lCtterf A. Not that know o. Sir.
O. Have YOU no recollection whether you did or not
A. have 10 rccOle lection.
O. Where was Mrs. Morse residing at that timel A.
Thai cannot say. Fir.
G. You have no recollection where she was at that
tmcl a. have none, Sir.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20

GENERAL Sn,suNs-H AcKKrL R-lhona,s mt sdsayX
X,iism Kenny Terence Callaghau. bdiel"iy ,rs,.v
Murphy rbD,ry, John Lacey, oiouoas ana" 1 Rsrs
rtilu Cb,rr. D. TaviOr. Jautrs Isn I,to .ns.yn,
Sb,i,s ~ RIown grand lacroy; har'Rua Vf"sn' io'e"s
s,ol,n gpO.a.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-20

StPgENE observation-disclosures
Il West AIT. Conart 80 same agt same ~
- fermania life Ins. 87.Jaryis, j., agt hiaaf
no L. So Wright sgt DOnnesssI
CAL - MP to and including ll0l2
GRNYRAL TERN-Adourncd for the term.
sPLCIAL TERM-VAN BRJNLJ
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04
COL. L. Q. @. LAMAR.

Tho impression prevails with
many that if this distinguished gen.
tlsman, who represents the First Con-
gressional District of our state in
the National Congress, is elected
United States Senator, it will nee
essitate the election Immediately of
a successor to him in the Lower
House. Not so. Senator Alcorn's
term will not expire until March 4th,
1877, consequently if Col. Lamar is
elected his successor, there Is moth
ing to prevent the latter from filling
out his term as Representative, which
expires also March 4th, IT.
Indeed this is one great and i'm
portant reason why our Legislature
should elect Col. Lamar to tho Sem
ate. He has moro influence now
than any other representative from
our state, aye, from the South, and
if no is Endorsed by boing made Sen
ator his influence and usefulness
will be multiplied. 1t will not OH
ly add to his strength in the Lowor
House, but have a most telling Of
feet in the Senate to which he is 80
soon to succeed.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04
RELIEF FOR TAXPAYERS.

Elsewhere We publish a circular
lcttev from the Auditor of the state,
addressed to the Sheriffs of the SOW
sral counties, instructing them to
continue the collection of taxes to
the day of tax sales, to-wit, LIST Mon
day in January next. As authority
fOr these instructions tho Auditor
publishes tho opinion of General
George with the concurrence of At
forney General Harris. This is good
news to our people, and will be of
incalculabIc relief to them for tho
next thirty days. We would re-
mind our readers and the taxpayers
generally, however, that there is
nothing in the circular letter of the
Auditor that disponses with the du-
~ imposed on the Sheriffs to adj
vertise the lands of delinquents at
ter LIST Monday in December, or
that RENTS the fees and expenses
incident thereto, say 5 per cent,
or that suspends tho tax sale the
let Monday in January next. 1t
only suspends the collection of the
30 per cent damages.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04

boy for some misdemeanor, when he
deliberately drew a pistol and shot
his father through the head. The
last news we had from Mr.. Sumrall
was that he was in dying condi
ton, and by this time has probably
brcathed his last.
Clarion: While the North bound
train of the N. o.. St.l l.. & C. X. r.
was coming up near Hazlehurst Mon
day night, Mr.. Peter Ratlitfe, an old
and highly esteemed citizen OF Lib
erty, Amite county, who was pas
senger, put his head out of the win
dow to look at the wreck Of train
which was thrown off tho track a
day of two before His head came
in contact with a part of the debris,
and he was instantly killed. The de-
ceased was Sheriff of Amite county
before, and for term Immediately
succeeding the war, and was univer-
sally esteemed.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04

We regret to see in inv =, o"'
exchanges dc~.o ihaniies'eo 'h"'
Governa- amos and Lieut.. Govern
or PAWS should be impeached. We
regret, too, that the same sentiment
finds Endorsement with very many
people we meet and talk with. For
our part we are free TO say that
such project is unwise and can on
ly result unprofitably and damag-
ingly to US. Our two branches OF the
Legislature are now so constituted
that these functionaries are power
less to do us harm, and the balance
of the time allotted to them in their
respective Offices is so short that we
can we'll afford to bear with them,
Objectionable as they arc. The
chances arc in our favor, too, of
turning their power and influence
in our interest.
1t behooves us as a people, just
emerged from most desperate con-
dition, flushed and oyerjoyed with
victory. to go slow, to act prudent
ly and not to rush headlong, pell
NELL, into extremes. We grant that
VIC have the power to impeach both
of these officials and doubt not that
overwhelming evidence can be
brought against them; but whom
the act is done, will the results at
tanned compensate for the expense
and trouble-will we be any better
Off in truth, will we not have weak
ened ourselves in the good opinion
and estimation of the people of 9th
er states Can we not as victors
afford to be magnanlmous Can
we not exercise little more pa
tience, when we have all to gain by
it, and perhaps everything to lose
by a contrary course?
We think SO. AS We have be-
fore said, our aim and study, at this
particular crisis, should be to
strengthen ourselves. We have
gained a glorious victory; let us reap
its fruits; let US do nothing that is
calculated to wrest them from us.
Lot US make friends and not ene-
mics. Let us strive to win over to
our faith those who have heretofore
differed with us, and who are yet in
authority among US. Surely it were
wiser to do this than to make enc
mics of them.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04
BONDS OF OUR COUNTY OFFICERS.

As the time approaches for tho
installation of the newly elected of
ficials of our county, our people are
disposed to inquire, will they be
able to make good and sufficiect
bonds? and are anxious to know
who the bondsmen will be. We
are satisfied that the now Board of
Supervisors, at least majority of
them, will demand unexceptional,
perfectly solvent, sureties. The time
for straw bonds and worthless bonds
men, to use q cant and somewhat
vulgar expression, is about played
out. We will have no more of them.
We imagine that our officials will
find no little trouble in making sat
isfactory bonds, for be it remember
ed, that after consulting the exemp-
ton law of our state, there are the
very fewest number of men VINO
can truthfully swear that they are
worth five or ten or twenty thous-
and dollars over and above their
just liabilities and exempt from ex-
ecution.
We would also impress upon our
Supervisors this fact, to-wit: The
moment party signs his name to
an officials bond, the signer incum-
bers his estate and incurs a liability,
and unless he is possessed of more
he is not eligible for any further
sum upon any other bond 1t is
true, the responsibility on a bond is
q contingent one, but the law sup
poses that there is possibility of its
beiDg positive one. Ii not, there
would be no need to exact surety
of an oficial-the whole matter
would be but one of form.
We trust that our Supervisors,
whose duty 1t is to approve bonds,
will see to it that the Taxpayers
are amply secured and protected.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04

The Radical Executive Commit
tec had quite a stormy session at
jackson last Tuesday. Morgan de-
livered himself of q denunciatory
speech against President Grant, and
vowed that he would not bow to his
lash. He also declared his opposi-
ton 10 his third term aspirations.
Attorney-Gencral Harris and Ex-
Senator Pcasc and liam farter took
issu. with Morgan, in which the lat
ter got rather the worst of it. Ray
mond also took part in the wordy
warfare. He said Cardoza had been
indicted for being honest; Ham Car
Ser told Raymond that there was no
probability Tint he, Raymond, would
ever be indicted for being honest.
Geo. G.. Mckee declared that the
eansc ef tho present defeat Of the
Republicans party in Mississippi was
owing To the heavy weight OF cor
ruptior il hal To carry, and charged
much Of the responsibility TO Gov.
Ameo. warncr was chairman, and
l.aln't rluch TO say.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04
OVER THE STATE.

Cal Wagner's Ministries arc again
performing in our state.
A negro named William Balti-
more was killed by Levi LlewIllin,
also colorcd, near Holly Springs,
last week.
A tramp named Shepherd. a Ca
madam, while attempting to steal a
ride on the south bound freight
train from Jackson last Saturday
evening, was run over and killed.
Jackson Times: The Mississippi
State convention of tho Churches
and Disciples of Christ is holding
its S:h annual session, by prayer
meetings, in the Christian Church
in this city.
IIazlehurst Democrat : We learn
that Mr.. +. n. SumraIl, living about
eight miles west of Crystal Springs,
was shot and probably killed by
his soma boy about fourteen years
of agc-on Monday last. 1t seems
that Mr.. Sumrall was correcting the
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04

Ex-senator Foote, in a letter to
Brownlow's paper, says that Grant
is q much better man ard more
kindly disposed towards the Sout' :.
'ern people than they are wont to
believe. He thinks Grant both q
great and good man, possessing
great intellectual powers and kind
and gentie disposition.
All this may be so, though we
doubt it. Still it is no reason why
the people of the United States
should make Grant President for
the third time or that the poop le
of the South should assist in conferr-
ing honors upon him when his su-
pcriors from time immemorial have
ahought it honor enough to serve
one and two terms, and ;grow poor
at it, while he in.eight years has be-
come q millionaire, from almost q
paupcr,
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1875-12-04
Jackson, MISS, Nov. 3, 1875,

JACKSON, Mss, Nov. 8, 1875,
Hon. ". II. Gibbs, Auditor Of Pub
Llc Accounts
In answer to your inquiry in ref
erence to the collection of the 30
per cont. damages imposed by tn e
Act of 1875, for non-payment Oh
taxes after the first Monday IN De-
ccmber, 1 have this to say That
the Statute, if constitutional, seems
to be imperative on the Tax Collec-
tors to make the collection of the
damages, after the time above men,
toned. But if we concede tho pow
or of the Legislature to impose the
80 per cent. damages for non-pay-
ment Of the taxes on the day indi-
Gated in the Act, still the question
al Uses, how that penalty must be
collected. Tho power to levy or
distrain for the collection of taxes
without a previous judgment in
competent court, fixing the liability,
and the default of the ax-payer, has
been frequently assailed upon the
ground that it is a violation Of that
clause of tho Constitution which
prohibits any person from being
deprived of his life, liberty Or prop
erty "withOut due process of law"
1t has however been sustained upon
this ground and no other-that such
power is essential, in order that
the government may have a speedy
and summary remedy for the coIIec-
ton of the revenue necessary to its
existence. This necessity, however,
does not exist as to any damages. Or
penalty which may be imposed on
the taxpayer for failure to pay |
his taxes at the time prescribed by
law. Such damages, if collectible
at all, can be enforced only by suit |
in a competent court, and upon due
notice to the alleged delinquent.
The statute, therefore, which requires
such collection to be made by dis
tress, and without suit, is unconsti-
tntional, and affords no protection
to any Tax Collector, who acting
in obedience to it, shall undertake
to collect such damages by distress.
He would, in such a case, be a. tres
passer, and any sale made by him
of property to collect such damages,
would be void, Notwithstanding the
sale was also made to collect the
tax due.
These views are fully sustained
by Judge Blackwell, in his work on
tax titles, page 30, and by tho Su-
preme Court of South Carolina, LIST
law r., APO, and indi-
rectly by the High Court of Errors
md Appeals of this State, in Griffin
rs. Nixon, 90 NJ, 242.
If the damages are collected at all,
It will be necessary for the Legisla-
ure to provide some other remedy
han distress for their collection.
am, respectfully,
j. u. GEORGE.