Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1882-08-11
A New Fertilizer Tax to PAY.

The question as to the authority of the
Commissioner Of Agriculture Of Virginia
to put what IN effect. is an additional tax
on fertilizers, and which, as matter OF
TACT is to eventually come out Of the farm
ers' pockets, is now in the State COURTS
Judge W. II. Barton, of the Tenth judic-
lal circuit of Virginia, has granted an in
junction to the Southern Fertilizing Com
pany. Allison & Addison. and A. s. Lee,
restraining DR.. J. M. Blanton, Commits
sioner of Agriculture, from exacting, or
attempting to exact, the charge for tags,
as required by Rule No. 2 of the rules and
and regulations sent forward by DR.. Blan-
ton as Commissioner of Agriculture.
The rule referred to, reads as follows:
Every package Of fertilizer offered for
sale to be used for agricultural purposes in
thls State must have appended tag show
ing That the same is registered in the de-
partment Tags will be prepared by 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
special tag, which will be prepared and
charged for in proportion to the excess
over 200 pounds.
The petitioners, in addressing the Court.
assert that 1.-THE proper cost of each tag
would be less than one-fourth of cent
They have made due enquiries upon the
subject, and have found such to be the
fact; and as the charge for each tag is
i've cents, q clear profit of $44.25 of said
exaction will go into the hands of said
Commissioner. The sales of such fertili-
zerS In Virginia amount to at least sc, 600
tons per annum. and, your compliments
believe, to great deal more. From these
facts it will be seen that the burden i'm
posed upon your cOmpiainants and others
by the required purchase of the said tags,
being, at the very least. fifty cents on each
ton, would amount to tax Of
$25. 900 per annum and upwards. In poi Mt
of fact, as your compliments are. info nm
ed. believe and state, in some cases, as in
the case of your complainant, A. S. Lee,
the said tag-tax would amount to eighty
cents on each ton sold.
ny our compliments state that the said
tax was devised and prescribed by the Com
missioner merely for the purpose of rails
ing money-how to be disposed of COM
plainants do not pretend to know; but
which money, your compliments are ad-
vlsed and charge, would not be covered by
the bond required of said Commissioner
by the eighth section of said act, land if
covered the small penalty of the bond
$40 ,0o0-would be wholly inadequate), nor
could be lawfully expended by him under
said act, which, by its sixth section, limits
the amount to be expended by him for the
purposes OF the act to the said above-men-
toned sum of SIS 600, which is appropria-
ted to his use from the treasury of the
State, and for which money alone. to be
drawn by him under rules to be establish
ed by the Governor, he is responsible or
accountable under said act; and the re-
ceipts for the sale of said tags will neither
by said rules and regulations, nor by any
law of the State, go into the treasury of
the state, nor, as your compliments be-
| lieve, to any legitimate purpose, but will
90 into and remain in the hands of the
Commissioner himself without accounta-
5iiity, or the means of being held account
able for them, and to be used at his own
discretion and pleasure, no law of the
State having vested him with any such
discretion or prerogatiYe. The salary OF
the said Commissioned is fixed by law at
81 500, and that of his clerk at $780, But
1t is easy to see that $25, 900 per annum in
addition, with unlimited power of increas
ing the amount at will, and without &C.
| countability, would be, to say the least
the source of handsome perquisites Which
| it has not been the wisdom Of the law tc
provide for or anticipate.
"Your compliments charge, therefore
That the said rule or regulation, and the
effort of the Commissioner to thereby
force upon your compliments and othel
| manufacturers and vendors of fertilizers
the purchase of the said tags at the SAID
rates, is wholly unwarranted by law and
is mere usurpation of authority.''
DR.. Blanton is summoned to appear al
the clerks Office of the Chancery Court Of
the city Of Richmond at the rules to be
held for the said court on the first Mon.
day in August to answer bill in chance
~ exhibited against him by the parties
above mentioned.