The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1875-01-28
Number withdrawn, /.
Number collected, so,


EOS.
Number withdrawn, /.
Number collected, so.
The amount Of money represented
by these claims was, $14,390.U4
Amount collected, I',O09.oO
Balance for collection, $57 ,336.44
Payment has been enforced upon the
outstanding claims Of earlier years and the
total collections amount to S9T, ,7O3.O7.
OF the claims certified for collection one
hundred and eighty-four for the second In
stallment 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
i Commonwealth and avoid making costs IN
cases where collections were impossible
Thirty-one appeals were taken by ditIer-
j, ent corporations from the settlements made
against them by the accounting officers.
Il Thirteen were satisfied by payment made
directly to the State Treasury by the com
.panies, under the provisions of section /,
Of the act Of the 24th Of April, 1874, lP.
L. f. T2), which allowed an abatement up
on certain claims if paid within thirty days
after its passage.
3 Six of the appeals involve the constitu-
tionality of the law passed at your last ses-
sion imposing a tax on coal companies.
They have been placed at issue and will be
tried. it is expected, at the February adj
! iourncd court, together with the other ap-
e peaIs, which raise questions under earlier
a laws.
o The Erie railway company appealed from
+ the account settled against it for gross re
= ceipts. The case was tried on 9th March
1874. and resulted in verdict IN favor OF
. the Commonwealth for the sum OF Sl6,-
e 768. 20. Upon writ of error taken by the
4 company the decision Of the court Of com
n mon pleas of Dauphin county was atnrmed
by the Supreme Court, and from their de
: cree the company appealed to tie Supreme
:, Court Of the United States
n = To avoid delay Incident to trial iii thai
If court, the Commonwealth obtained an ad
,s yancement Of the cause, and it will beargueC
n on the 19th of january, 1915.
h The ease involves not only large aHaodn
= of money but I most important principle
= It viii decide whether the Commonwealth
! has restricted It's powers to tax this com
spany by the provisions Of the act Of 1arcf
+ E26, 1916.
. The decision of the Supreme Court re
~ viewing cn writ Of error taken by the Com
- monwealth the ruling Of the court below i
> the case Of the Commonwealth VS.. Geo. {
lE,.ns was duly announced in the repoE
Irode bv .,,vsclf for the year 1873. In 20
ID cordance with the principle established b
re their opinion, re-t.ial o. the case was ha
" on the 31st Of january, 1914, md rcsu!te
= in an increased verdict for th2 Co-"mof
r.. wealth, for the sum Of $l85,663.51. .
Il the fourth of February, 1874, Mr.. Evan
y having been surrendered to the keeper c
Ia the Dauphin county prison on bail piec
90 issued by his sureties, his surcties for tn
:. appearance were released from furthe
80, llaDlltty Dy OfCGr OF the court.
.. The action against Mr.. Eyens was con
80 menccd by capias, and at the time Of I'll
- trial question Of law was reserved by Ii
:" court, as to the power of the Common
=, wealth to institute proceedings against d
ne faulting public officers in this manner. \
ne ter an argument Of considerable length, Il
Is court held that the Commonwealth posse
81 sed this right that the action had bee
ed properly brought and entered Judgment
he favor Of the State upon the verdict. III
ice Commonwealth then issued capias ad 81
ett, sfaciendum, to which the sheriff made 7
: if turn "cepi corpuset committUs."
m On 10th March, 1874, Mr. Evens, WI
he was still in prison, gave bonds with secu
ner ity to apply Tor the benefit Of the insolve
I'D laws, and the court thereupon ordered hi
m to be released from custody.
in On 9th April, 1874, Mr. Evans fit
ird his petition to obtain his discharge as
ore insolyent debtor.
The application thus made was resist,
3 by the Commonwealth on the ground tn
IS the insolvent laws do not apply to her de
i tors, and that Mr. Evans, therefore, cou
y not be released under It's provisions, al
> this position the courf sustained in an OF
i argument, delivered on the Sd of Septel
-3 Der, 1874.
q On the following day, the court bel
= satisfied by the aflidavits of physicians ii
imprisonment would result in the dea
ION of Mr.. Evans, directed Il continuance of t
puC proceedings until I'd December, 1874.
So At the close of the month of Noveml
Of Mr.. Evans sent to this department pa,
NE age purporting to contain certain statemel
: . of lis receipts and expenditures of the pl
On lie money, supported to some extent at le
,es by bills, checks and vouchers. OF its c,
ron tents | have as yet no knowledge. 1t v
hat Immediately sent to the Auditor Gene
vol and State Treasurer, who were the pro,
nthcnrs tn nNanninn II anl ,..ha rr;u ~