The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-24

NoEs'-Wessrs. Bailey Cardwell. CoghilI. Dali
ton, u. 4. Davis, Earle Evans titzpairck, Graves,
fee, Moon, M0orefeld, Morgan. Munford. Oliver,
Plaster, Il. Taylor Scott, skinner, Spoiswood,
Stribling, stuart, Tcrrll, Ward and Wilkins-2s.
The bill. which now goes TO the Cover
nor for his approval, reads as follows:
| A BIZ 10 Prouide for the More Efficient Cot
lection of The Reuenue 10 Support Gorer1,-
ment. Maintain the Public Schools, and
TO Pay Interest on the Public Debt.
|. BE II enacted by the General assembly
of VirUinid. That the several tax collectors
OF this Commonwealth shall receive in dis
charge Of the taxes. license-taXes, and other
dues, gold, silver, United States treasury
notes, national bank currency. and nothing
else provided that in all cases in which an
officer charged by law with the collection
OF revenue due the State shall take any
steps for the collection OF the same,
claimed to be due from any citizen
or taxpayer, such person against
whom such step IL aiken, il he conceives
the same TO be unjust or Illegal, or against
any statute. or to be unconstitutional, may
pay the same under protest, and under
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
paving such revenue may at any time
within thirty days after making such pay
ment. and not longer thereafter, sue the
said officer so collecting such revenue in
the court having jurisdiction Of the parties
and amounts. II it be determined that
the same was wrongfulIy 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
wrongiuly paid and ought TO be re-
funded; and thereupon the Auditor OF
Public Accounts shall issue his proper war
rant for the same. which shall be paid in
preference to other claims on the Treasury,
except such as have priority by cOnstitu-
tional requirement. There shall be no
other remedy i'm any case OF The collection
Of revenue, or the attempt to collect reye-
nue. illegally, or the attempt to collect reye-
nue. i'm funds only receivable by said officers
under this law, the same being other and
different funds than the taxpayer may ten
der or claim the right to pay. than such A.
are herein provided; and no writ for the
prevention Of any revenue claim, or 10
hinder or delay the collection OF the same,
shall i'm anywISc issue. either injunction,
supcrsedcas, mandamuS, prohibition, or
any other writ or process whatever; but
i'm all eases for any reason any person shall
claim that the revenue so collected cf him
was wrongfully or illegally collected, the
remedy for such person shall be aS above
provided, and in no other manner. In
all such eases. il the court certify
Of record that the officer defendant
acted in good faith and diligently
[ 4 F.. Ill L.. gs-f
incurred by him shall be- taxed 10 and paid
by the State, as in criminal eases. The
/ Commonwealth attorney oi the county or
corporation in which suit Is brought shall
appear and represent the defence. In
every case where judgment is rendered for
the defendant a fee OF s. shall be taxed i'm
favor OF said attorney and against the
plaintiff; and whenever the court shall re-
fuse To certify the good faith and diligence
Of the officer defending the ease, a like
fee OF q shall be taxed against the
said officer Any officer charged
with the collection OF revenue. who
shall receive payment thereof in anything
other than that hereinbeiore provided,
shall be deemed gully OF a misdemeanor,
and fined not less than 300 nor more than
5000. in the discretion of the court but
nothing herein contained shall be con-
strucd to subject any officer OF the state to
any suit other than as heIeinbefore pro-
yided, for any refusal on his part 10 accept
i'm payment OF revenue due the State any
kind or description OF funds. security, or
paper not authorized by this act.
. This act shall be in force from and
after the lSt day OF December, 1882.
ANOTHER RAILROAD.
Mr.. Frazier yesterday introduced in the
House bill 10 incorporate the Pittsburgh
and Virginia Railroad Company. The
railroad i to be constructed from the Val
ley of james river. IN Virginia, TO the line
between the States of Virginia and West
Virginia, in Bath or Highland counties.
and thence. subject 10 the laws OF the
States Of West Virginia and Pennsylvania,
to the city OF Pittsburgh. Ii shall be law
ful for the company TO build and work a
line from any point on the Richmond and
Allegheny railroad i'm the city OF Lynch
burg or in the counties Of Rockbridge,
Bedford, Amherst. or Campbell, To any
point on the line between the states OF Nir-
ginia and West Virginia, in the counties OF
Highland or Bath. and 10 build and work 4
line OF railway from any point upon lts
principal line i'm the counties OF Bath or
Highland, to connect with any railroad
which may be hereafter built along the
waters Of the south branch Of the Potomac
through PendletOn county, W. Va, or
along the waters Of the Cheat or Green
bricr rivers, in Randolph or Pocahontas
counties, in West Virginia.
TERMS or JUDGES.
In the House Yesterday the Committee
for Courts OF Justice. to whom was refer
red the question OF the constitutionality OF
filling vacancies IN the Office OF judges,
presented a report declaring that - in all
elections by the General Assembly OF judges
10 fll vacancies the same are for the uneN-
pircd terms OF the incumbent"
\ minority report was presented, ia
which the ground is taken that judges can
only be elected for the full constitutional
term. Numer0u, decisions OF the Court OF
Appeals on the subject are quoted TO S,ls-
tain that view 81 the case. The report
concludes as follows:
In the lieht OF the adjudicated cases,
il is clear that upon the term Of the judi
cial Office Virginia. court gives forth no
uncertain sound. IL il clear, ringing,
and unmistakable. We recommend the
adoption OF the following resolution:
"ReSolred, That in all elections by the
General Assembly of judges the election is
for the full constitutional term, rs inter-
preted and defined by the Supreme Court
oil Appeal, Of this Commonwealth.
"MARsHALL HANGER,
"R. \. COGHILL,
"J. y. STUBS,
an. l.. SPOTswOOD,
CIVILIAN L. VI. kELLAM."
Letters of Auditor Massey 10 the Re-
adjuster Caucus.
The following letters, printed in PAM
phlet form, were distributed TO the men,