Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1886-10-27
ALEXANDRIA, Va, Oct. 81, 1SSt
To the auditor Of Public accounts:

To the auditor of Public accounts:
DEAR COLONEL-I have read your letter
that appeared in yesterdays GAZETTE. You
had better take the advice of one of your
friends and cesse the effort to enforce an
unconstitutional lava law declared I'm.
constitutional by the highest court of The
country every time it has come before that
tribunal. IF such acts Of citizens or officers
of the State are allowed to go uarebuked
then ali law you'd be subverted and the
ped.
Why should you assume the great risk at.
tending your acts? Have you ever thought
what might be- the consequences thereof?
suppose Treasurer, acting under your in.
structioEs, goes upon the farm Of TAXPAYER
10 collect the takes due by Taxpayer. and
he is rendered coupons; he, obeying your
instructions, refuses to take them, and. in
pursuance of your instructions, attempts to
levy on the property of Taxpayer, and meets
with resistance from the latter-just enough
resistance to prevent the unlawful seizure
CT bis property to that end, Taxpayer
intlicts a personal injury on Treasurer, or
even takes his life, would Taxpayer in Ell
Their case commit an offense against the
peace and dignity of the Commonwe alth 4?
You know, without my telling you, that he
would not be guilty of an act for which he
could be prosecuted criminally by the State
| or ciVll!y by the treasurer or his representa-.
tiVes TO recover damages for the injury. But
how would Il be, il, inatead Of Treasurer
being injured in his person or losing his life,
Taxpayer should be injured in his person
Or lose his life? You know that Treasurer,
in tie one case, would be convicted of ma.
| liciously and frloniollsly wounding. and, in
the other, would be guilty of murder-mur.
DER, under Instructions CT any court in the
first degree. This would not be all, for YOU
know that Treasurer would be liable to an
action for damages by Taxpayer or his rep
reseata'ive, and to recovery against him
10 the amount of $4,000 damages. NV dear
Colonel, would you be equally responsible
with Treasurer in both the criminal and
| civil prosecutions?
Avoid law, law a man knows to be void
can be no justification for his conduct.
Ihese are not extreme cases one or the
other will probably happen before YOU are
done. But my dear Colonel, suppose we
take this case: Taxpayer having rendered
coupons in payment of taxes has property
taken by the Treasurer he does not sue
Treasurer, but goes for bigger game-the
great wrong doors, you and the other mem.
bers OF the Indemnify Board. 1t may
probably will happen before you are done
that "a Virginia jury" in his action, will
give vlndict've damages, sag $4,000, against
them. Will you or the sureties on your
official bond have to pay it, or will the State
have it TO pay? According to you, the mo
ney, say $50 or 800, The actual amount oil
taxes 10 Treasurer's hands, can't be used
unless the judgment is against him. Even
if it could be used to pay the iudemeu,
against yon, it would not be enough by
$500, aud where is tho balance to come
from, L would like to know? Need | re-
mind you that it will not do for YOU to RELY
always on the sympathy of juries; my dear
Colonel, it may fail you.
My dear Colonel, consistency is q level
oil say that you stated expressly that Tie
state must abide by the decision OF Tie
court that she had no right 10 this money
Now, l ask you, if the court has decided
that coupons must be received in payment
Of taxes, why must not the State abide BY
the decision, and receive them? II the de.
cl-ion Of the court is binding in the one case
why is it not binding in The other case
why do you, in the face of the courts deci
SION, instruct trensurers not to receive them
ami, if the taxes are not paid in money, to
violate the law by making an unlawful
levy?
You justify your conduct on the ground
OF political necessity. You ask, where will
the money come from to support the gov.
eminent, to pay judges, to feed criminals,
to care for the inmates of asylums and to
sustain the public schools? You tell us that
the revenue collected was 50 rs, 437. 80. |
am Informed, and so stated in my letter to
you, that all these things costs about ST..
zoo 1900, leaving surplus of SLOTS, 437
What is the State to do with this large sur.
Plus? she ought to use it to pay her debt,
or, what Is the same thing, receive that
amount in coupons, and not waste or con.
sumo any part of it in indemnifying wrong.
doors, and in paying counsel to defend
them. Yours truly
JOHN NJ. JOHNSON.