, 1877-02-25

AlnalL Iuft0ff SalQ f0at II Was out OF all human
probability that, ii he obtained the books and
warrant to-day, he could collect more than
s2De. .00o, and he doubted whether that sum /;
aud that there would not be in his hands at any
one time over s5o, 900. Ten days notice through
the mail had been the practice Of Town Col
lcctors, hut xfIiant was advised it was
not required Dv law. But to call OH
taxpayers required preparation Of lists, which
would take about i've DAYS; so that II be got
the books and warrant to-day be would have
only about eight Gays to collect in. Counsel
ior complY Y:uant had the evidence as to The
sureties ior two or three days. and af1iant eup-
posed he had shown it to the Supervisor.
Mr.. Fuller said he was not altogether clear
thought it meant that the bond must be for
S7,NO.00Q. The amount Of damages, therefore,
would be the whole amount OF taxes. Even il
If it meant S3,503. 600, it would be unreasonable
in view OF the facts. And counsel though: it
time to bring the matter before the court aud
thing had gone far enough, and they had not
been met iii the proper spirit.
Xu. HERR1cK
remarked that lie had seen the Supervisor Fri
day. ami conveyed to him the Courts sugges-
tlonS in reference to the case, and he
expressed an entire Willingness to consider
any and all evidence that the Collector
might present TO him; but be stated that it WAS
his conclusion, in contemplation Of laW, that
the whole amount Of the tax might pass through
the Town Collectors hands {as every taxpayer
was delinquent ii lie failed to pay the tax TO the
Town ColIeclo7l, Gud that be was not authorized
under tie law to enter into coniectures as to the
possibilities or probabilities from the work nc-
compiashed by this or that Collector. He (Her-
ricslJ proposed to tile, when the motion TO dis
solve CAME up, an affidavit 0. the Supervisor
that these were his conscientious convictions rs
TO his duty. Is t9 the evidence regarding The
L. J., IT.
counsel, with the expectation that, when Mr..
Lincoln returned from Springfield, It would be
submitted to him II ne desired to consider 1t.
And he was perfectly willing to consider
it if counsel would sly that was az the
and was partially heard. sthe question Of the
suf1icicucy Of tic silret.es was left open. Seven
Of them had been examined. He was In court
with Mr.. GouGy three or four days AGO. and the
question was then raised as to whether COM
tho dispositions aud show that the representa-
tions as to values were in come instances gross
exaggerations-that some OF the surct1es were
not worth oue-half or one-third what they
claimed to be. It Tas then agreed that the ques-
ton vas to remain until the evidence had been
submitted to the Supervisor, and. If he was not
satisfied, and the motion was to be renewed,
that one Of the questions which would come up
was whether the sureties were suthcient-Wheth-
er the bond was unquestlonably good. e,lt1 He dld
to present upon the question or desired
to have considered as filed. He wanted the
papers In the shape OF evidence. 20 that he could
answer. He was entitled to an opportunity to
do 60, and that was Ill he desired
3lK- oTETr
remarked that they simply wanted reasonable
time-till Monday or Tuesday.
MIR. Fulle1-Do you want until the 10th Of
Marchl
Mr.. Svett-No We want this case subjected
ftt, inf
nishcd to the Court, and ne have time to reply
The Court thought if motion to dissolve
IVES made the respondents should produce ior
inspection and file the papers which they wished
to use upon the motion, ane II u seemed 10 pc
necessary to give tie other parties time to meet
those papers he should have to give it.
Mr. Goudr said the gentlemen were talking
about one thing, aud the Court decided some
thing respondents had not presented. The mo-
ton was to dissolve the injunction 1t was
made DAYS and weeks ago. 1t was partially
argued, and at the suggestion Of the Court the
argument was suspended aud decision post
poncd. This was done with view OF giving
E1aus an opportunity to present some evidence
coin for his consideration, and also requiring
Lincoln to state what amount he thought the
suretiys ought TO be- worth. They had waited
week, as the Court knew, to accommodate the
Supervisor Evidence had been taken, ana II
had been in possession Of Lincoln's counsel ever
day About pocn Friday Evans coun-
srj we're. notified OF tile amount the
suretes would be worth. Notice
was served On the other parties the same day,
that The motion pending would be called up.
That motion vas what was before the Court,
and he asked that i. be disposed OF. They were
ment nus tsni was REQUIRED. m He assumed that Tue
Court, in tie exercise OF its discretion, as al
ready intimatcd, would .-.
YofEL
if the Supervisor 7fo actcd ed nnreasonably and the
Gemonstrsted. Gcu without any doubt. that the su-
ncryisor was ectins unreasonably. 1t WAS i'm
tha Cnrt 1;e1,t des;rn % INQUIRE with reference
tuc Nuua ..s,,. =, - nos mt nrcrsssrg1o