Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1883-12-28
Au ditur S. Brown Allen and the Collec-
tinn Of Railroad Taxes

ton Of Railroad Taxes.
The Committee On Courts Of Justice Of
the Senate is investigating he collection,
by Auditor Allen, of delinquent taxes for
the railroads in the State through special
collectors Asa Rogers, of Petersburg, and
John Ed. Hamilton, of Augusta. The
investigation is made under a resolution
offered ny Senator Wlngfeld, of Albe-
marie, directing the Committee on Courts
OF Justice to consider the report of the
Auditor in relation to delinquent taxes
collected from railroads. and inquire
whether the Auditor was authorized by
law to allow the treasurer Of Augusta
county 20 per ceDtum of the tax On rail-
roads collected by him. In Introducing
the resolution Mr.. Wingield stated the
grounds for his action as follows
Mr.. President 1T appears that the
Treasurer Of Augusta county was author
lied by the Auditor to collect certain
railway taxes; that ne collected of the
Ches. & Ohio railway SIG 999.6S and of
the Shen. Valley railroad S. 6S5 At. In
the aggregate $25 6S5 Is. For the per-
fol nance Of tins service he was allowed
20 per cebt.-viZ !: SIS, 1877 03.
The Auditor refers to the Acts of the
General Assembly of 1873 70 page 6, sec.
"a, chap Gil, as authority. The au hori-
ty, sir, neither in the spirit nor the letter,
justifies the action of the Auditor
in appointing collector for such
delinquent taxes. 1t contemplates the
collection of small tickets when the tax
payers were scattered over the country
Yet, under this law the Auditor assumes
to pay SIS 900 aud more for the collection
of this railway tax from two roads, when,
l apprehend, it did not consume more
than two days all told of the time of the
Treasurer who secured this money.
There is no authority in the Acts OF
1881 's2 whereby the Auditor could justly
make this large commission. But suppose
the 1889 law warranted this contract by
the Treasurer of Augusta, is not this al
lowance excessive 1t does not appear
from the report that there was any con-
tract made in ad vance with this Treasur-
or and approved by the Executive, as the
law requires. Therefore. [ move this re-
port be referred to the Committee on
Courts of Justice. that full information
and inquiry may be had.
Mr.. Wingf field subsequently said in reply
to Mr.. HUBBARD, that that sena' or (Mr.
Hubard) charged persecution of the Au-
sditor and yet challenged investigation.
He had Introduced the resolution of in
squiry with the express statement that he
desired the inquiry made at an early day.
before the Auditor went out of office, 50
that he might have fair opportunity to
defend himself. | never strike under the
telt, sir. There is, however, circum-
cumstance which has been brought to my
attention since [ took my seat That ag
graRdses this case. | am Informed, and if
( ala III error I shall be glad to have cor
Tection-bhat the county treasurer who
received this bonus of over S. 900 is a
brother-in-law of the Auditor. This eX-
horDitant commissi N violates the lazy IN
letter aud spirit. Let the Committee on
Courts of Justice Investigate the matter.
The committee of which Senator Akin
son is chairman met on Wednesday night
and examined S. Brown Allen, Williams
C. Wlckham and E. P Blair.
STATEMENT OF AUDITOR ALLEN.
RICHMOND, VA, Dec. "a, 1883.
To the Editor of The State:
Sir.-Your editorial of Friday entitled
devotion to Family Sometimes Wrong"
does me very great il justice assume
that you would not Intentionally mlssta'e
either the law or the facts in the matter
discussed, to the injury of another mans
character, whether he he your political
friend or foe, and therefore request you to
pubish my response to your suggestions.
I would have preferred to await the ill.,
yestigation OF this matter, but as it seems
I am to be discussed and attacked before
this investigation. prefer to lille my an
swer to such assaults now.
The substance of the charges against
me originating with Senator WingEeId.
and followed up by your paper, appears
to be that employed my brother ln-law,
Mr.. Hamilton, Treasurer of Augusta. to
30 certain work for the State, when [
might have done the work myself OF en-
ployed some one else to do it: or if did
euploy Mr. Hamilton | should have paid
him a less commission than he received |
Recognizing the fact that my official ac-
tlons are subject to legitimate criticisms
by tie public, and acknowledging my du-
ty to explain them when necessary, am
glad of this opportunity to do SO.
LIST. AS TO Mr.. Hamilton = employment. |
The law of Virginia authorized and r.
quired the Auditor of Public Accounts,
where railroads refused to pay the taxes
assessed against them. to make the arb-
trary assessment of 800 600 per mile and
,ilesignate some county treasurer" to
proceed to collect the tax. (See Acts
iSs1-2. p. 5O6.) Such being the law, three
railroads, ylz.-the Chesapeake and Ohio,
the Baltimore and Ohio lessee of the
VALLEY rallroad}, and the Shenandoah
VALLEY railroad, refused to pay the taxes
assessed against them, it being the avow-
ed purpose to make test OF their right
to pay their taxes in coupons. a test case
was imminent under the new law known
As Coupon Killer No. l." and 10 whatev
er action was taken to force al issue, the
Auditor foresaW tie necessity for thor
ough cooperation between his SELECTED
aaent and himself. 1t SO happened that
all three of these railroads had valuable
property in Augusta county. and levy
on the property of all three OF them was
practicable there. 1t further happened
that Augusta county, being one of the
Wealtbiest of the state, her treasurer gave
bond Of $500 900, one OF the largest In
the State, with frst-cass security. 1t
further happened that that treasurer is
man of unmpeached integrity aud excel
lent capacity. It was desirable that in
the novel litigation about to be Inaugural
ted one man of capacity and intelligence
SHOULD proceed under the Auditors d.
reetlons instead of several. And in no
other county OF the Common wealth were
these three corporations to tie found to-
.gether.
This statement would seem sufficient
reason for Mr.. Han2i,ton's employment,
barring the fact of his being my brother
jin-laW. So far was that frnH Glilitating
against him in my mind, that, Oh the CON
trarys it operated in his favor. knew
Itm to be an honest, active and intelIi-
sent officer. / knew he was fully bonded,
am. the State you'd be secure and we'll
served. I knew. moreover, that could
confer with and direct his action With
greater freedom and confidence than. any
other treasurer.
Under these circumstances, to have
employed some one else would have been
in my judgment unjust to hicn and piece
Of over sensitivent IS on my part: there
for. employed him. and cheerfully assume