Savannah morning news. [volume] (Savannah) 1868-1887, 1885-07-29
MIR. DARNELL'S ANSWER.
HIS REPTY Ia COLLECTOR
ClEENsH AVIS CHANGES.

HIS REPLY Ia COli4ECIOtS
ClIENSH AVIS CHARGES.
The United states District Attorney
Reviews the Case and Charges the
Trouble to the Removal of Revenue
stamps from savannah.
United States District Attorney S. A..
parnel returned TO Savannah Yesterday
morEing from Atlanta and Macon. In an
interview with q NEWS reporter be en-
phatcaliy denied the accusations said to
have been brought by Collector Crenshaw
against him before the Commissioner Of
Internal Revenue.
He stated that he has not received any
official information OF any charges, either
from Internal Revenue Commissioner
Miller or Attorney General Garland. he
said that he does not know what the
charges are except what he has read in
The newspapers and what be has learned
from private sources. He said
that be has had no official no.
tlce that even an inquiry was
being made into the workings Of his Office.
in regard to the Mcmahon cRse, he suited
that Mr. Mcmahon was reported TO him
by Deputy Collector Dunwody in June
as not having paid his tax. A'terward
warrant was sworn out by one Henry
Staftuell.
"Before approving the warrant" said
Mir. Darnell, IL again asked the depCty
collector If Mcmahon had paid his taxes,
md was informed that he had not. Inc
warrant was taeu approved ana executed,
and McMah was brought into court and
held because he had done business more
than month without paying the tax.
After the hearing before the Commissioner
he came into my Office and complained
that the proceeding was unjust and
hardship 10 him, as he had tried TO pay
the tax, but could not; that every time
he went to pay the tax he either found the
deputy absent from his office, or the
stamps were AL gone, or the deputy had
received instructions not TO issue any
more stamps from this Office, and would
not take the money. These facts were
not known to me until after the warrant
was approved. He then asked me TO dis
miss the case. ! said had no authority
TO do so, but suggested that the Commits
woner Of Internal Revenue could order
any disposition Of the case which seemed
proper.
1.-The Commissioner, / stated, might or 1
der dlscondnuance Internationally, or
he might require costs, or he might re-
qnire payment OF specific penalty
and costs rs might appear 10 him from
The facts TO be Just. This is all l said to
Mr.. McMahon about costs in any way or
shape United States attorneys do not
collect costs. Their accounts are settled
at the Treasury according TO law, and
costs paid are turned direct into the
Treasury. At the time Deputy Collector
Coiquitt was here making his inquiry
about this matter, Mcmahon made a
sworn statement to him that | had not
mentioned $50, or any other sum, for costs
in his case. But this fact was withheld
frnr h1fpaffou nv fhn ffqifan "A Z tho
time the other statements were made"
"HOw was it in the case Of Schroeder,
lloyd and Bebe%
s'rhe same conditions held in all of the
eases. l learned after the approval Of the
warrants that each Of these had made
several efforts to obtain their stamps but
had failed for the same reason. just about
this time a number of other warrants
were sworn out against other tobacco and
liquor dealers In this city and brought to
me for approval. When | learned the
condition OF things, for which Collector
Crenshaw was responsible. | stopped
proceedings. There WAS no good reason
why sufficient stamps should not have been
placed in the Deputy Collectors Office
locality. MIR. DunwOdy was constantly
lmpOrtuning the Office at Atlanta for
stamps but could not get them. And vet,
Rfter all Of this neglect and insuficIency
In Office Of Collector Crenshaw. he has
been reporting for penalty many or the
very men who made repeated efforts 10
pay their taxes according to law and
were refused, and has since collected the
penalty against the protest OF the taXpay
FRS, who, as they believe, have been out
eaged. This has been done in this city
and adjacent territory.
"The reason of this is obvious. Through
the Collectors neglect the taxpayer
could not pay his tax in May.
A case in point occurred in Macon re-
pently. A man named Ed. Dreyfus was
arrested for retailing. on a warrant sworn
nut by one Of Mr.. Crenshaw's own depu-
ties, and that too, after lac had made two
visits TO the office in Macon to pay
his tax without being able to get
stamps. He finally in June paid the tax
in Atlanta, and was afterwards, as was
Informed. assessed the penalty. He was
discharged on the warrant, the commits
sioner evidently believing that the col
lector was responsible for the mans
failure TO pay his tax, and the Collector,
70 protect himself againss personal
liability for the penalty for which he
would I've responsible TO the government
pfter May 81. imposes 1t upon the tax
payer who has done all he could
10 comply with the law. And another
reason. Under regulation of the Com
missioner of Internal Revenue the Col
iecbor's compensation is regulated by the
amount Of his collection, including penal
ties. This seems 10 me TO be about as
Teprehensihle as bringing prosecutions
Tor fees, which have never DONE"
Mr.. Darnell added that he learned that
Commissioner Miller wrote to Collector
Crenshaw inquiring why stamps were not
Obtainable at Savannah at all times dur
ing May.