The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1877-05-04
County Matters
Observation-Disclosures

hA'iuk I"ii e""9 w" prOtracted beyond ,
reasonable latitude-in order then n h,
brief, l will wave those points not merit
nent to the main Issue between rs ana
endeavor TO conine myself strictly to th,
/ law and the facts of the case IN litiga.
ton. What then Is the main question i'm.
volved2 The County Judge aiirms thar
! it is the legal duty Of the sheriff 10 pre-
sent his delinquent list of county lew al
/ the October Court of Claims.
| l deny this and allege that such was
| the law under the Revised Statute and
! that the January County Court is now the
time prescribed 10 return said County
levy delinquent llst In proof of this, |
again for about the 10Th time in this con
troversy quote Sec. H., page 272, General
Statue:
at shall be The duty of the sheriff or
the collector of the county levy, at the
County Court in January. in the same
manner that the sheriff is required to do
in relation 10 the return of his delinauent
list of public revenue, to return 10 the
County Court all deLHql.eHts in the paw
ment of the county levy; he shall for all
such as are allowed him by the County
Court, be credited III has settlement with
said Court
Now the County Judge does not deny
that this is the language OF Section 10 OF
the General Statute. But, how | ask.
does he try to avoid its obvious meaning
and explain it away Hear him-he
says:
Il hold that under the law. it is the duty
of the sheriff to present his DELINQUENT
list of county levy tax payers at the DC
tobcr Court of Claims; that the list then
allowed should be Immediately transcrib
ed by the clerk and handed back to the
sheriff tor collection, and that be should
at he County Court in January, return
said list and make hnal settlement OF
same
Now this looks a little plausible. But
Judge, unfortunate for you. Sec. -, page
273. knocks this idea OF yours, higher
than kite, and again leaves you IN IL
condition TO 60 on another exploring ex-
petition to find a solution suitable To
your views and satisfactory TO the people
Of that troublesome Section 10. But now
to Sec Il, page 275, u. .. 1t reads as
follows:
The sheriff of each county shall, at
the County Court next preceding the eX-
piration at his office, make a return in
writing, verified by his oath of delin-
quents relisted with Ism by said Court,
and the amount colIecte OF same durin g
the time he was in Office
Now, what County Court proceeds the
expiration of the sheriff office Is il
the January County CourtE 'Of course
not" Is il not the December County
Court coming on in the ID year of the
sheriff term? "Of course it is.
SO Judge you see "a all can see, tn at
Section 10, does not apply to delinque Mt
list which has once been returned by the
Sheriff and then relisted with him for
collection. Now, its quite clear who has
done he sapprehending, for it is plain
to every unprejudiced mind, that Sec. 10
page ~, g. ,, does not apply to the de
lIndueut list which has once been return
ed by the sheriff, revised, received by
the court, aud then relisted Tor placed IN
his hands for collection thereof,) but
Sec. y, page 2T3, refers TO said list. This
then bring 20 the front again that, to you,
troublesome question, 10 What delnqueu
list Sec. 10 refers? You tried your own
wits, you have appealed to the Attorney
General, aud you battered yourself that
at last You had found the right Interpre-
tatIOn tor Sec. lU.-but Sec. - completed
upseis your Calculations, broke your rope
OF sand aud sets you once more adrIft
upon the wide sea OF doubt and specuia
ZION, AMI where you will attempt TO land
next, OmnicIeut wisdom only knows.
But you say that you are sustained
by Sec. 10 itself, for the words January
Court Of Claims do not occur in that sec
ton, it is January Court all the time.
Now It's said that drowning man catch
eth at a straw. But lets try your argu-
meut about the section above, using the
term. County Court, and January county
Court; and claiming because II uses said
said terms that II eau 1, and don mean
Court OF Claims. Now 1 propose TO prove
toy the General Statutes itself that your
argument htS no foundation in fact or ia
law, and that further that the term cOuu-
- court does not apply alone To the coun-
~ court proper bat II sometimes, a. it
does IN TINS instance HseaH tie Court Of
CLAIMS Now TO the preOf, take Article
,. Sec. l, page 2iU, General Statutes
At the time when the County Court I'm
poses the levy the CLAIMS against, and
the expenses legally Incurred by said
county aud chargeaole upon the county
levy, TO whom and for what due, shall be
stated upon the order book of said court.
Now what court has the right To impose a
levy Has the county court proper that
is the court held by the County Judge
without the Ma-istrates) the right to I'm
pose levy 'Uf course" IL has no such
authority, and you will not say II has
yet TINS section uses the term county
court and | derry you TO find the term
Court Of Claims IN the whole of said ar
tIcle 2, though II heats of business alone
cognIzuble by said court in sc Eeral sec
tons. again, take Article 3, Sec. /, page
= Tine County Court unless composed
OF majority OF the Justices of the Peace OF
SAID county III commission. Now who
ever heard OF a county court proper, or IN
other words, regular monthly court being
composed of majority OF the Magistra
ties yet the the term county court Is used
in this section also and not court OF
claims. So Judge you plainly see that
beautiful bubble you had so artistically
blown up over the term county court as
II appears in Sec. 10. page ~, General
Statutes am busted, and gone glimer-
ing like school boys tale or the wonder
OF an hour. But now "God bless your
SOU, honey am going to PTo0e ont o.
your o1H mouth and by your cords that
Sec. 10, General Statutes, don refer 10 "A
delinquent list which has been allowed
by the Court of Claims transcrib bed by
the clerk, and handed back to the Sheriff
tor collection, aud further that, that sec
ton refers TO and means the first or orig
mai county levy delinquent list. Lets
see, you say
The county court may receive and
ottttc "a uCiiuQNtut llSt winch ms OetEA ~
/ lowed, when returned by the Sheriff un-
der oath, but il takes "a court OF claims
TO allow one
Now what is the language of the afore-
said Sec 10:
That il shall be the duty Of the Sheriff
or the collector of the county levy, at the
county court in January, to return to the
county court all dolinquents in the pay
ment OF the county levy and for all such as
be dltol0ed him by county court lie shall be
credited ia his settlement with said court D."
Mark the Language land for all such
as be dtio,red him by the county court
Now your lsnguage is: "The county
court may receive and settle a DELINQUENT
list which has been allowed, but il takes
a Court Of CLAIMS to alio,o one.
Now don his section use the identical
word aLlotced speaking of the deliuoueut
list. yet you say that the term County
Court as used therein does no; mean
Court ef CLAIMS. but County Court proper
still in he very next breath you de
clare that it takes a Court of Claims 20
allow delinquent list Wei, then if il
does lin which l agree with you) the
court spoken of here must be C0art Of
CLAIMS Tor it uses the word be aiIosced
not in the past, nor in the future, but ia
the present tense, evidently proving that
the list named therein is 10 be then and
there allowed, and entirely negativing
vour idea of it's meaning one. which had
already been allowed. So you see your
own assertions prove:
1st-That the list named in Section 10