Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1880-02-13
How the Taxes are 70 Be Gotten Into the
Treasury.

AS the success of any settlement OF the
debt, forcible or otherwise, depends on
getting rid of the coupons of the old bonds,
and as they have been great puzzle TO
the friends of the McCulloch bill as well
as to the Readjusters, we publish, for the
benefit Of the tax payers, the mode adopt
ed in the new bill, Introduced by Senator
Riddleherger. The whole thing depends
on how this will work. 1t will be seen
that the first section we print, No. l4,)
forbids the interference of the Supreme
courts, and the second mo. 15) arranees
how the temporary loan is to be managed
these two contain the gist Of the bill.
We copy them for the Lenefit of curious
taxpayers. We omit the latter clauses of
the 10Th section AS they only provide for
the faithful performance Of duty by the
county treasurers, &c:
IA That the several tax collectors of
| this Commonwealth shall receive in dis
| charge of the taxes, hcenSa-t axes, and Oti'-
| Ell dues, gold and silver, U. 5. Treasury
notes, National bank currency, and the
| temporary loan certificates as hereinafter
provided, and nothing else: provided that
| in all cases i'll which an officer charged by
law with the collection of revenue due the
State shall take any step for the collection
of the same. claimed to be due from any
citizen or Taxpayer, such person against
whom such step is taken, if he concieves
the same to be unjust or illegal. or against
| any statute, Or to be unconstitutional, may
pay the same under protest, and upon such
payment the officer collecting the same
shall pay such revenue into the State
Treasury, giving notice at the time of such
payment to the Treasurer that the same
was paid under protest. The person so
paying such revenue may, at any time
within Thirty days after making such pay
ment, and not longer thereafter, sue the
said officer so collecting sucl. revenue in
the county or corporation court in which
said revenue was assessed and paid. Ii it
be determined that the same was wrongful
ly collected, for any reason going to the
merits of the same, then the court trying
the case may certify of record that the
same was wrongfully paid aud ought to be
refunded; and thereupon the Auditor OF
Public Accounts shall issue his proper
warrant for the same, which shall be paid
in preference To other claims On the Treas
ury. There shall be no other remedy in
any case OF the collection of revenue or The
attempt to collect revenue illegally, or the
attempt to collect revenue in funds only
| receivable by said officers under this law
the same being other and different funds
than the Taxpayer may tender or claim the
right to pay than such as are herein provi
ded, and no writ for the prevention of any
revenue claim, or to hinder or delay thu
collection of the same, shall in anywise is
sue-either Injunction, superSedeas, mand
anus, prohibition, or any other writ or pro
cess whatever; but in all cases where fo
any reason any person shall claim that tn,
revenue so collected Of him was wrongful
ly or illegally collected the remedy for sucl
person shall be as above provided, and il
no other manner. In all such cases If tn,
courts shall certify of record that the off
Ger defendant acted in good faith and dill
gently defended the action. the pecessar,
cost incurred by him shall be taxed to ant
paid by the State as in criminal cases. TIL
Commonwealth s attorney of the count
or corporation in which suit is brough
shall appear and represent the defence. Il
every case where Judgment is rendered TO
; the defendant a fee of ten dollars shall b
taxed in favor of said attorney and agains
, the plaintiff; and whenever the court shal
refuse to certify the good faith and dill
geuce of the officer defending the cast
a like fee of ten dollars shall be taxet
against the said officer. Any office
charged with the collection of revenue VIII
shall receive payment thereof in any
. thing other than that hereinbefore provi
ded shall be deemed guilty of misdemean
or, and fined not less than 500 nor NOR
than $500, in the discretion of the Court
: but nothing herein contained shall be Con
strued to subject any officer of the State Il
any suit other than as hereinbefore provi
ded for any refusal on his part to accep
; in payment of revenue due The State an
$ kind or description of funds, security, o
l - =.
Is. The Auditor of the State shall pre-
pare and furnish to the clerks of the Coun
ty and Corporation Courts of this Com
!, monwealth, on or before the 10Th day o
July, 1881, a book known as the TEMPO
rary Loan Book" which shall consist O
printed forms Of certificates and st ubs a
} follows: