The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-08-06

The Commissioner Of Agriculture En-.
1Oined-Ths Tag-Tax Touched Upon.

Judge w. II. Barton, OF the Tenth Judi
cial circuit OF Virginia, has granted an iu-
junction TO the Southern FertiliZing Com
pany, Allison & Addison, and A. 5. Lee,
restraining DR.. j. NJ. Blanton, Commits
soner OF Agriculture, from eXacting, or
attempting to exact, the charge for tags, as
required by Rule No. Of the rules and
regulations set forward by DR.. BiantOn as
Commissioner OF Agriculture.
The rule referred to reads as follows:
every package OF fertilizer offered
FOR sale to he used for agricultural pur-
poses in this State must have appended a
tag showing that the same is registered in
the department. Tags will be prepared 10y
the Commissioner OF Agriculture, who will
furnish the same to persons selling or pro-
posing to sell fertilizers on payment Of five
cents for each tag, to .be appended to pack
ages Of 200 pounds or less. Packages con-
tanning more than 200 pounds will require
a special tag, which will be prepared and
charged for in proportion to the excess
over 300 pounds"
The petitioners, in addressing the Court,
assert that "the proper cost OF each tag
would be less than one fourth OF a cent.
They have made due inquiries upon the
subject. and have found such 10 be the
fact; and aS the charge for each tag is five
cents, a clear profit OF $2i.2j of said eX-
action will go into the hands Of said Com
missioner. The sale OF such fertilizers in
Virginia amount to at least $4,000 tons
per annum. and, your cOmpainantS believe,
to a great deal more. From these facts it
will be seen that the burden imposed upon
youT complainants and others by the re-
quired purchase 0! the said tags, being at
the very least fifty cents on each ton, would
amount to tax Of $4,000 per annum and
upwards. In point OF fact, a. your CON.
planants are informed, believe, and state,
in some cases, as in the case OF your COM
plainant 4. :. Lee. the said tag-taX would
amount to eighty cents on each ton sold.
"Your complainants state that the said
tax was devised and prescribed by the
Commissioner merely for the purpose OF
raising money-hOw to be disposed OF COM
planants do not pretend TO know; but
which money, your complalnants a5e. adj
vised and charge, would not be covered by
the bond required OF said Commissioner by
the eighth section OF said act (and II cover
ed thereby the small penalty of the bond
f1O, ,0O0-would be wholly inadequatc), nor
could be lawfully expended by him under
the said act, which, by it, sixth section,
limits the amount to be expended by him
for the purposes OF the act to the said
aforementioned sum OF $1,000, which l,
appropriated TO his Use from the treasury OF
! the State, and for which money alone,
to he drawn by him under rules to be
established by the Governor, he is re-
| sponsible or accountable under SAID
| act; and the receipts for the sale OF
said tags will neither 10y said rules ano
regulations, nor by any law OF the state
90 into the treasury OF the State, nor, IL
your complainants believe. to any legiti
mate purpose, but will 90 into and remain
in the hands Of the Commissioner himsel
without accountability, or the means o
being held accountable for them, and to b'
used at his own discretion and pleasure
no law OF the State having vested hin
with any such discretion on prerogative
The salary OF the slid Commissioner /
fixed by law at 81 800, and that OF hi
clerk at 5000. But it is easy TO see tha
S2j.0 900 per annum in addition, with un
limited power Of increasing the amount a
will, and without accountability, would be
TO say the least. the source OF handson
perqliisites which it has not been the WIS
dom OF the law to provide for or anticipate
"Your complanants charge, therefore
that the said rule or regulation, and IN
effort OF the Commissioner thereby to fore
upon your complainants and other manu-
facturers and vendors Of fertilizers the puI
chase Of the said tags at the said rates, J
wholly mwarranted by law and Is mer
usurpation OF authority"
DR.. Blanton is summoned to appear Q
the clerks office of the Chancery Court {
the city of Richmond at the rules to be hel
for the said court on the first Monday !
August to answer bill in chancery eXhll
tied against him by the parties above mel
toned.