The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-03-07
THE FINAL ATTEMPT
To Make Senator Elect Brice
Pay His Back Taxes.
PROCEEDINGS IN MANDAMUS

PROCEEDINGS IN MANDAMUs
lscgun by Special Tax Collccto,
Morgnnthalcr-AN Complete Ills.
tory OF tho Cause.-The Hear.
| Ing Set For June.
LIMA, o., March CA suit In man.
damus, flied in the Circuit Court by II.
W. Morganthaler, through his attorneys,
Robb 4 Leete, to compel County Audi.
tor G. D. Critics to proceed in the actien
OF listing the delinquent taxes OF Sena.
tor Calvin s. Brice, Is the beginning Of
the end Of one OF the most important
and intricate civil suits ever brought in
Ohio. Morganthaler, as tax collector, in
his petition AYERS that he is acting in
accordance with tho provisions OF an
net of the General Assembly Of Ohio,
passed aud taking effect April 10, 1883,
according to which and the contract
made with the Commissioners Of
Allen county, he is to receive
20 per cent Of all taxes collected through
bis fundamentally which have been H.
legally avoided, and that said act pro.
vides that upon information given or
upon belief Of such omission existing
said Auditor must compel listing and
appearance. On August 10, 1883, at the
instance Of Morganthaler, County Au.
ditor Polling issued notice on Calvin S,
Brlce. who was in New York, to appear
before him on August % and show why
the returns should not be corrected and
omissions placed on the treasvrer's du.
plicate. This notice was duly served on
Brice personally, but he paid no atten.
ton to it, announcing that he
WOULD HAVE THE LAW REPEALED,
He did not appear then nor at any time
since, but instead had his attorney,
John E. Richie, now Judge Of the Court
Of Common Pleas, appear and request
that the matter be laid over indefinitely.
Thlssinple request was kindly complied
with, Auditor Polling and Brice being
very good friends, and nothing further
was done until Cyrus D. Critics. the naw
Auditor, came into office, when, at Nor.
gantlialer's instance, a second notics
was served on September 10, 1889,
requesting Brice's appearance, and
stating that in default the Auditor
would proceed to assess aud correct
the tax duplicate on evidence furnished
by Morganthaler. 'Briee not appearing
on the day set for thGhearing it was con.
tinued till September "a and again till
October 9. On September 81 Brice filed
a petition in the Court OF Common Pleas
Of which his attorney, Richie, was now
judge. and made sworn affidavit that
he had made correct and complete re.
turns for each Of the Eve years in ques-
ton, on all property taxable in Allen
county. At this time Brice was paving
taxes on personal property valued at
five thousand dollars. If the affidavit ia
true, it forces the question into two
issues. Either his property is valued at
only five thousand dollars, and the SUP.
position that he is millionaire is
4 MISTAKEN IMPRESSION
or be was citizen OF Allen county and
owned only 5000 worth of taxable
property here. As a nonresident a no.
tice OF deposition was then served on
Brice in New York, at the INSTANCE OF
Morganthaler, who made affidavit that
he believed the returns in question TO
be false, and that be had evidence in his
possession demonstrating beyond ques.
ton that Brice'a personal property was
valued at a sum far in excess Of the re.
turns, and the day for taking the same
was fixed at October q, 1889, But
before the day mentioned, and under
the protest Of Morganthaler, Auditor
Critics, who, until now, had expressed
the greatest willingness to assist in
ferreting out the case, postponed
action until November !, in the face OF
the injunction against any step in the
proceedings. On the afternoon before
the last named date, Brice, through his
attorney, dismissed the injunction and
telegraphed that he would appear, This
was the time at which Brice's name was
being mentioned for the United States
Senate, and it was deemed advisable to
let the matter rest until after the elec.
ton. Morganthaler then urged Critics
to proceed without further DELAY. and
Critics took the opinion to the Prosecut.
ing Attorney, who advised that It re-
quired prlma facie case, that is, by
witnesses competent TO testify and be
subpenaed within the jurisdiction OF
the County Auditor, and that it would
be necessary I'd
FURNISH EVIDENCE OF TIE PROPERTY
omitted, and it's value, year by year, and
that the Auditor would then be obliged
to cite Brice and give him chance to
make correct return, and that the
Auditor should show evidence and make
a claim on the evidence only. Cries,
though first offering to permit a disc ,s.
sion of the opinion by Morganthal, +, aud
fixing a day for its argument, How de.
Clined discussion or to refer it 10 the
State Auditor or to the Attorney Gan.
eral. He maintained that the Protecut-
ing Attorney was his constituted legal
adviser and that his opinion
WOutu plotSSs A4A 1[Om IGSpOQs
sibility. Then without consulting
Alorganthaler or giving him notice,
Critics, after consultation with Brice's
attorney, continued the case until No.
yember 2, and again till January 10.
under. protest. Alter the last continue.
tion till December 10, 1889, Morgan.
thaler being requested to place evidence.
and Brice since having come into Ohio
and Allen county, and within reach Of
process, he (Morganthaler) demanded
that process be issued at once, and that
Drice be cited TO appear as witness and
testify December 10, 1880. This Auditor
Critics temporarily declined to do, and
then absolutely refused, giving no rea-
son except that Brioe was busy, and en-.
gagged in his contest for the United States
Senate. On January 10 the evidence
was all brought up, aud showed Brice
had illegally avoided payment on s., $780,.
600. The Auditor - 1v
AGAIN REFUSED TO ISSUE PROCESS