Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-04-15
Treasurer s.iIfilIan and the District
Comm is iSsiOners.
ANOTHER CONFLICT OF AUTHORITY.
The following correspondence explains it

The following correspondence explains itself:
TREASURY OF THE L. s.. April 1th, 1850.
SW:-By virtue Of the authority contained in
the 5th section OF the act Of the legislative as
sembly, approved May Goth, 1873 authorizing
the commissioners of the sinking fund to pre-
scribe proper rules and regulations in order to
effectualIy secure the application OF the pro-
ceeds OF the tay-ieA certificates. required to be
deposited with them. to the payment OF the 5
per cent. certificates of Indebtedness and re-
quiring all officers OF the District government
10 obey and conform to such rules and regula-
tionS, and in the seventh section OF the act OF
Congress approved June 10th. 1919. transferring
10 the Treasurer of the United States the duties
and powers possessed by the commissioners OF
the sinking fund, you are directed to receive In
payment OF assessments for special improve
ments, lof Whlch taN-len cerllhcateS nave been
or should have been deposited in the sinking
fund office, such drawback certificates only as
are signed by the commissioners OF the District
as required by law and are based On revisions
made upon the complaint OF the property holder
or his duly authorized agent or attorney. fou
will not receive any drawback certificates issued
against the so called II. d. Cooke assessments
or any drawback certificate on which interest
has been included, until the legality OF their
issue has been established.
Very respectfully, A. A. WYMAN,
Assistant Treasurer L. :.
Geo ". BeaH, Esq, Special Assessment Dirision.
WASHINGTON, D. c., April ~, 1880
Hon, A. A. Wylpd1,, Asst. Treas. L. S.:
SRI acknowledge the receipt or a letter Of
the 9TH instant. I Immediately referred it to
my superior rs-the commissioners OF the Dis
tr1ct OF Columbia In the meantime, without
refusing or accepting the drawback certificates
l requested tho1e Offering them in payment OF
assessment taxes to wait until heard from the
Commissioners, as was compelled to be guided
by their Instructions Friday afternoon was
sent for by the Commissioners, who stated that
| had the order OF April l. 1850, by which was
TO be guided. herewith enclose a copy OF the
order. AS my superiors, am bound to obey
them or vacate the position occupied by their
appointment. Respectfully,
GEO. w. BEALL, Clerk.
THE ORDER.
OFFICE OF THE COMMISSIONERS. ID. OF C..
WASHINGTON, April /, 1850.
Oidei'ed-That the order of February 26 1850
suspending the issue OF drawback certificates
under the provision of the act OF Congress OF
June II, 1873, and June Il. 1919, is hereby re-
yoked. By order
WM. TINDALL, Secretary.
Treasurer Wyman, under date OF April 14tk
sent the following letter to the District Com
msSiOnelS:
q have received letter from Mr. Geo. w
Beall declining to comply with the order made
from this ONCE ON The ,th instant, in regard 10
the receipt or drawback certificates in payment
OF special assessments pledged for the rcdenp-
tion OF the S per cent certificates OF indebted
ness, and giving as his reason for such action
the instructions given to him by you as his su-
periOr officers which he states he Is bound to
obey OF yacate the position occupied by your
appointment. The copy OF your order as trans
drawback certificates, but | am informed that
it has been construed by both the Commission
ers and himself as directing him to resume the
receipt OF drawback certificates OF the classes
which by my letter OF the 9TH instant he was
directed not to receive and this information
IS confirmed by the testimony given
yesterday before the District committee
The I'd section OF the act of May .9. 1873. de-
clares that all tax lien certificates thereafter
and nc all me thereon on shall be
piled under the direction OF the commissioners
OF the sinking fund, for the payment OF The
principal and interest Of the 5 per cent certifi-
Gates of Indebtedness, and for no other use or
purpose whatever. The 5th section authorizes
the commissioners OF the sinking fund to pre-
scribe proper rules and regulations in order to
effectually secure the applications of the pro-
ceeds OF the tax lien certificates TO the payment
of the per cent certificates. and requires all
officers OF the District government to obey and
suance OF the pledge thus made and the author
ity vested in them the commissioners OF the
sinking fund, under date OF July ~, 1878, desig-
mated Mr. George W. Beall as their agent to re-
celye all moneys accruing under the above
quoted act and to deposit the same as received
10 the credit OF the treasurer OF the sinking fund,
an account OF all such assessments
Mr.. BeallS authority to collect these assess
ments was derived solely from this authorize
ton. He has ever since acted under it without
any dissent or protest by any officer OF the Dis
trict government, and by direction Of the "com-
mlssloners OF the sinking fund has from time
tlons OF the falling due OF instalmentS OF taxes
10r special improvements Instructions fegula-
ting the performance of his duties as the agent
OF the commissioners of the sinking fund have
also at various times been given TO him by these
commissioners, and by the Treasurer of the
United States as their successor These in
structions have been obeyed by him and acaui-
esced in by the authorities Of the District The
assessments which he was thus authorized to
receive and receipt for are pledged by law to the
commissioners OF the sinking fund, and the ex-
ecutive officers OF the District have no control
whatever over the collection or disposal of the
proceeds thereof. The Treasurer as the sue
cessOr or the commissioners Is virtually a trus
tee for the holders OF the per cent. certificates
and as such Is bound to see that no payments
are received on account of the assessments
pledged for The redemption of these certificates
which will unlawfully impair their Security.
Ia the performance OF the duty thus Imposed
upon him by law, the Treasurer wrote his let
ter of the eth instant. directing Mr. Beall not
to receive certain classes of drawback certifi-
Gates. The Treasurer protests against any
attempted revocation or modification by the |
Commissioners of the District of the rules and
regulations thus prescribed by him as an un-
warranted and unlawful act, and he will de- |
ellie TO accept as credits upon the tax-lien
certificates pledged to the commissioners OF the |
sinking fund, any drawback certificate received |
In violation OF his Instructions until the legality
n fhete shall have f,,llv D,14cho6