The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-01-13

among them Mr.. Koiner's to exempt from
Jury service farmers actually engaged In
saving their crops. This Tow goes to the
Governor for approval.
RICHMOND AND PETERSBURG RAILROAD.
Mr.. Atkinson, from the Committee for
Courts OF Justice, reported without amend
ment his bill to regulate the triii OF certain
controversies between the Siate and the
Richmond and Petersburg Railroad Com
pany, so rs to have agreed case testing
the company's claim of exemption from
taxation.
Goes on the calendar.
NORFOLK SENATOR.
SIr. Heaton presented protest and Pc
tition OF citizens OF Norfolk against the
legality Of the late election. They say that
the act of Assembly ordering new regis
traton was not i'm the hands of the Judge
Of the Circuit Court until too late for him
to appoint registrars In time for them to
give the five days notice required by the
act, and said registrars were not in fact ap-
pointed until Saturday evening-one busi-
ress-day before the election; that no regis
tration was in fact made, and the old books
OF registration were used at tour precincts,
and no books Mt all were at the other four
precincts; that the old registration was an
nulled by the new law, and the four wards
thereby divided into eight precincts, and
registrars and judges were appointed for
eight precincts, and voting under the old
law was therefore legally impossible; that
voting under the new law was impossible
because there were no observation-disclosures
whatever under the new law at the eight
new precincts, and no registration was
possible legally or as a matter OF fact. For
these reasons a majority Of voters refrain
ed from voting. Could there have been a
legal election, in their opinion the result
in the district would have been different.
Accompanying the protest is resolution
from councils, and n protest Of James f..
Scott. commissioner, saying that no legal
election could have been heidi Signed. by
II. ID. Doyle, Barton Myers, N. Giennan,
John o. ConnOr, NJ. l.. Smith. a. j. Dali
ton. r. A. Dobie, John J. Burroughs, Da-
yid Humphrey, A. c. Humphrey. A. b.
Cooke, Thomas ii. Smith. James w. Lee,
Richard Evans, j.. X. Hudgins. W. Lane
Kelley, w. II. Taylor, j. ID. Ghiselin, Hen
~ Roberts, James L. Mccoy, l.. ID. Gra-
ham, c. i. Bernard. Tbomas ii. Wilcox,
Edward Higgins, X. q. Wake, Ii. G. Pol
| iiIu, i. II. luoiiits, VI. l.. w u'hS, IL ii'
Reese, J. b. Camp, W. ID. Reynolds, w.
n. Waller, J. n. Vaughn, G.. Il. Barnes, D..
II. Payne. Jr., +. ii. Savage, 7. j. Moore,
A. Myers, George w. Gordon, G. NJ. Tai
bott. Horace Hardy, James W. Gilmer, Z.
NJ. Ferguson, Luther Sheldon, and others.
Referred to the Committee on Privileges
and Elections.
This indicates that when Mr.. Turner ap-
pears with his certificate and asks to be
sworn in objection thereto will be raised.
INTRODUCED AND REFERRED.
BE- Mr. Atkinson: Bill to amend char
ter Of the Nansemond Land, Lumber, and
Narrow-Gau Railroad Company, and to
| change name Of same.
By Mr.. Edmunds: Bill to amend law in
relation TO iudgmeni-liens.
PROCEEDINGS AGAINST AUDITOR ALLEN.
The Committee for Courts OF Justice, TO
which was referred Auditor Aliens re-
sponsc TO Senator Wingtield's resolution
asking for information in regard to the
collection Of railroad tax by county trea-
surer, and the compensation allowed such
county treasurer, with instructions to the
Committee for Courts OF Justice TO con-
slider the said response Of Auditor Allen,
IL
the treasurer OF Augusta 20 per cent. OF
the amount collected by him Of Chesa-
peake and Ohio and Shenandoah Valley
railroad, and what steps should be taken
to protect the revenues OF the Common
wealth, submitted the following report and
resolution:
Hon. John L. Hurt, President pro ten. Senate
| Of Virginia:
90 Ia.
| following report in relation to Senate Document
| No. -, referred TO the committee for consldera-
| ton:
! +. - Blair appeared before the committee and
! made statements, which were taken down by the
sIenographer, and at the request OF the committee
! General W. &. Wickham, yice-presldent OF the
! Chesapeake and OHIO Railway Company also APP
peared and made statement (which was taken
| down by The stenographer), and also furnished re-
ceipis of John S. Hamilton, as well as other
vouchers.
The osscntlal facts shown are rs follows: An as
sessment of tax on the Chesapeake ana ono Kaii
| the 2Oth of March. 1888. w6ich assessmcnt-in
the aggregate Sl6,9e9.6s-was placed In the
| hands Of John T.. Hamilton, treasurer Of Augusta
| county. for collection. and levy made by his "r,
der on certain property OF the Chesapeake and
| Ohio Railway Company al staunton on the ga oi
| March, 1888 No effort was made by the Auditor
| or Hamilton 10 collect without levy. telegram
| from Staunton. sent by the agent OF the Chesl-
peake and Ohio Railway Company to the chief Of
|
the first notice 10 the Authorities OF the Chesapeake
and Ohio Railway Company that Hamilton was
authorized 10 collect the tax and The first notice OF
| the assessment TO the company was The levy.
| Upon receipt Of the telegram and.a letter fol-
lowing Il from their agent In stanton, the Chesi-
| peake and Ohio Railway Company offered to pay
| receive IL on the ground that the assessment had
been placed IN the hands Of Hamilton and pay
| ment must be made to him. Accordingly the All
| diror telegra phed Hamilton to come 10 Richmond
He came and the Chcsar reake and Ohio Railway
| Company paid him on the "a OF April. 1883,
| the full amount OF tax assessed. On the I'd OF
| April, 1888, Hamilton paid the tax collected Of
| the Chesapeake aud Ohio railway into the state
Treasury and on the same day Auditor Allen
issued his warrant to Hamilton for ~ PEI centum
| OF the amount collccted-tO VIE s3.399.93. II Is
further I'm evidence that the Chesapeake and Ohio
HSsy wS sa9 Pe aosd fare
ti5ing &C., the sum of $Jd, and the Auditor stated
that tile costs incurred by Hamilton were for adj
vertising. and that he issued a warrant FOR pay
ment thereof.
.. An assessment Of tax on the. Shenandoah
| railroad was maue by order OF AUDITOR Alien on
| tile 22d day of March. 1883, for the sum of sS,-
Os5.47, which assessment was placed In the hands
OF Hamilton, treasurer OF Augusta, was collected
by him. and paid into the treasury OF the State on
tie Al st Of April, 1888 and on the same day the
Auditor Issued bis warrant to Hamilton for 20
per centum OF the amount collected-to wit, the
sum of sl,737.09.
statement of the transaction from the officials Of
the Shenandoah Valley road.
The aggregate amount received Dy Hamilton for
the two transactions so far as The evidence goes,
! was 20 per cent. commi sion; so.l37.o3; costs
| paid by Chesapeake snd Ohio Rniiway Com Dany,
$50: total, s5,ls7.O .O3; which costs the Auditor
also stated were paid by, warrant drawn BY him.
| 3. II further appears that john Z. hamilton was
appointed treasurer OF Augusta county by the
county Judge IN August, 1852, TO nll vacancy,
and tliai said Hamilton was the brother-n-law Of
). B own Allen, Auditor.
| 4. II was claimed bv the Auoitor tAllen) that
both railroads passed through the county Of Au-
gusta and therefore IL was lit and proper that his
broiher-in-law (iiamiltsn) should have been APP
shown In evidence that the principal Office Of the
Chesapeake and Ohio railroad - !, in Richmond
city, where ample levy conld nave Deen made, aud