New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-08-22


to employ lawyer, publish advertisements
and, Of course accumulate costs. Publication
of notice, only, is needful. Judgment my 10
passed at the first term, and execution ana
sale follow in short course. And this sale Is
made absolute the landowner GIN, before
sale, terminate proceedings 10y payment; but
after sale no opportunity Of redemption u
given. The onerous working of the law, III
its original form, was partially displayed ID
case presented in the latest published volume
of the Missouri reports. Mrs. Horny was the
owner of quarter section of land. Arrears OF
taxes upon it amounted to 1913 Notice was
published in The CdSsrHe Democrat q good
Democratic name), not that her lands wou'u
be sold for non-payment. but that )noS
ment would be entered against her II
she did not defend. She did not defend.
The officials added interest and rolled up
costs TO the sum of $50 more. Execution
was issued against tie land, and it was sofa
to a Mr.. Weshear good name, again, whch
a tax debtor is TO be well shOrn) for eight
dollars The report tells nothing OF the value
of her farm, but az lowest Government price
it should not have been less than SOU.
And the special hardship of her case was that
ii was sold for only quarter of the costs oil
the proceedings, and the sale was not as
charge of the tax. Before it she owned q
quarter section, and owed 500 taxes and IN
terest; after, she owed $l16 and had no
land with which to pay it. And by this
oppression the State realized the pitiful con-
tribution to its revenue of So.
Against this proceeding appeal was made
ft,a Gun
Henry, who seems to have submitted in
silence. but by her tenant Kelley. The courts
cannot annul tax law for hardship or incOn-
venience; they can only correct irregularities
in administration, and, in clear case, adjudSc
the law unconstitutional To this extent only
are they responsible. Several irregularities
were urged ; the notice Of suit did not show
that the lands were delinquent, or that the
proceeding was to procure sale; and the
Sheriff had sold the entire tract in one instead
of in subdivisions. As to these the Court said
that the objections would probably have been
good if they had been presented before the
sale and by Mrs. Henry but they could not
be received aftcrward and from her tenant
How tenant is TO see every notice OF suit
against his landlord, or fOreknOw that notice
of personal judgment means Il sale of lands,
the Judges do not explain. But every tenants
quiet possession is thus made dependent on
his reading aud understanding the " true in
" wardness" of every advertisement affecting
his landlord. Another objection was that an
older law Withholding from the courts jurisdic'
ton to order sale for less price than the
amount due had been disobeyed. As 10 this
the Court dealt with the statute as with the
puzzle of fifteen. With that beautiful accu
racy in drafting which characterizes legsla
tive proceedings when in certain hands, and
of which some snowy specimens have been
seen in recent Congressional proceedings, the
clerk had numbered the Sec
tons of the law involved by one set
of numbers, and the State Printer by
another. Hence while the general public
had supposed that the old law protecting the
taxpayer was still in force, the mOusng Off
Gals thought they had detected a repeal. BY
moving the numbers around to fit, the court
the officials in the right; the pro-
tective law had been repealed. And of the
main objection, that the new law was uncon-
the court made short work by de-
claring that the Legislature may do what it
peases in the matter of making laws for col
ecJiOu Vi tdAts.
There has been no lack of opportunity to
cure these defects. The law was taken into |
,he revision of 1879 and was in the same
year amended but the grave injustice and |
severity of its provisions remain substantially |
lnremedied. The objections to the system are |
manifold and obvious, and its mischevous |
Elects are severe and widespread. Ignorant |
persons are losing their homes, little to the |
of the State but much to the profit |
IF spectators and officials. The people of
Missouri know better than we whether the in
,eption of this particular law is directly at
ributable to the Democratic majority, but
hat party is certainly responsible for the
consistency with which its injustice is per-
A change is demanded in the in
erests of the working people the small
armers; the unwealthy taxpayers. Shall
hey have 1t 4 Whichever party shall give
trustworthy promise of a change will have
hanks and votes from the common people,
low suffering under this precious specimen of
Democratic legislative handiwork.
-
FATHER MACKONOCHIES VISIT.
Among the lannon's Enclisbmen who have |