The Dawson journal., 1883-12-13

vas legsl'and right to be paid. +
simply address this to you to save
further hard feelings in the mat
ter as | regret that out of a plain
business transaction hard feelings
should arise. You haze access to
Comptroller General Wright. You
can exhibit this cory letter to Kim
and see ii Mr.. Crouch has correct
ly stated the case to him and then
l hope,-a as friend Of ell parties,
the matter may be settled.
Your Friend,
7. II. PICKETT.
ATLANTA, GA, Nov. "a, 1883.
Capt. THos. H. PICKETT,
~ Dawson, Ga.
DEAR Sis:
Yours of the Goth received and
I will reply briefly giving you the
facts as they occurred and inclose
copy of my letter to Capt. Wight
and his reply, find them pinned to-
gether. On receipt of this you
see l feel perfectly safe in settling
with Mr.. Ellis in full, whish / did
leaving nothing for garnishment
to lie on. Now as to Mr.. Crouch's
demand and my promise, he assert
ed his intention to arrest the auc-
tioneer and levy on HI property
snd stop the sale. I insisted that
my property was not subject to it.
Hessaid he would show me. /
saw how | was going to be dam
aged by delay and promised him
if my property was subject, that |
would be responsible, but added
that / would endeavor to be re-
lieved of it from higher authority.
He replied that was alright If I
could, and as to Capt. Wright's
letter to him you see at glance
that his threat to interfere with
the sale was in direct conflict with
the Comptroller's advice. He says
if, therefore, the person who sold
the property refuses to pay this
tax it was his duty to Issue Fl ia
against him and not against me
and cause it to be levied on the
property of him and if no property
could be found in your county
then garneshee me just as in 9TH
er cases when parties fail or re-
fuse to pay their tax. And be re-
peated that Mr.. Crouch had no
right to interfere with the sale in
any wsy, his remedy being simply
to Issue f IA or summons of
garnishment. Now, you see, Mr..
Crouch in his anxiety to do his
full duty, overdone the thing, by
proposing to interfere or stop the
sale, as he expressed his intention
t0 do, and thereby injure an iauO-
cent party, Twill accord TO him
an honest intention to do his duty,
for argument, and | claim the same
right to guard my interest by ap-
pealing to higher authority, just
as / did. Now sum up the Comp
troller's two letters and you see as
plainly as 2 and 2 make 4, that no
liability or violation of the law
rests upon me. And Mr.. Crouch's
duty is plainly pointed out in Mr.
Wrights letter to him aud it only
remains for him to proceed against
Mr. Ellis, just as any other defaul-
Ter A failure to pay tax is not
penal offense, and, therefore, does
not subject q man to arrest as a
criminal, but, to civil suit. lam
glad Captain that you felt enough
interest in the matter to write me
and ! feel confident that you Will
readily concur with me and the
Comptroller in the foregoing. /
had a personal interview with the
General and he fully exhonerated
me and my property. Hoping the
above will be clear and satisfacto-
ry, am your friend.
ELAN JOHNSON.
P. S. See Comptroller's en-
dorsement below:
Copy: I endorse the position
taken in this letter by Mr.. johnson
in every particular. Under the
circumstances Mr.. Johnson is not
subject to the tax imposed upon
auctioneers. Asr. Ellis is clearly
liable and Mr.. Crouch's remedy is
pointed out in my letter to him on
this matter.
w. A. Wright,
Compt'r Genl.
| optNrnhAnd that ~ tba modest