The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1891-09-23
READ BOTH SIDES.
Should Treasurer Blake Be Paid ?
TRUTH, LIKE A TORCH, THE MORE ITS
SHOOK IT SHINES.
The Comptroller Generals side 0i
the Questionable Press and s'an-
ner'S Reply.

"As some incorrect statements have been
published In reference to the settlement oI
the comptroll er general with Treasurer John
r. Blake, OF AbbeviIle, that are misleading, IL
may be well TO give the public the 1;tcts III
the case.
.After the death of Treasurer J. w. Perrin,
and before the office was turned over To sue
cessor, John Il. Blake, the comptroller gen er-
al authorized Mr.. \. w. Soncs, then auditor
OF Abbeville county, to make u settlement
with Mr.. ]. W. Perrin. r In the TettIGlhenl nj
celved $1,000 commission, having collected
over S5O,OVO taxes. When the comptroller
went TO Abbeville on the 18th OF August
1891, to settle with Treasurer Blake, he iouno
that he had credited himself with IS o com
mission for collecting ba lance OF taxes uncoi
lected by Treasurer Perrin.
1.-The comptroller refused to allow Treasurer
Blake commission for collecting the balance
of taxes, for. under the law, the teaSurcr ;
commissions shall not exceed $1,000 per an
mum, and Treasurer Perrin before his deati
had collected taxes enough to entltie niin a,h !.
the 81, ,OOO The matter has since been sub
mitted TO the Encouragement, and his opih
ion is as follows:
OPINION OF THE ATTORNEY GENERAL
COLUMBIA, s. c., Sept II, 1891.
Hon. w H. Eilerbe, comptroller general o
the state OF South Carolina, Columbia. ;. e..
DEAR SIR-In response To your request loi
my official opinion as to the construction O
section 274 of the general statutes OF thls
state, wherein the compensation OF county
treasurers is fived, so far as the same is aop
plicable to the case of Mr.. j. w. Perrin, ue
ceased as county treasurer OF Abbcrlllt
county, and as the same effects the present
county treasurer or his immediate successor @
in office as TO taxes of the fiscal year lSs:rlno
collected by them respectively, beS leave 10
state the same. ,, ,,c.,
This section as fixed by the act Of 1882 OStl
volumne statues at large 5S25S3) provides a.
follows: ..,,,or
col
lected in their respective counties; lour pei
cent. upon the first $4,000. per cent. upon
the next $1,000, = per cent; upon the ncXt Sio,
600. and per cent. upon all amounts COLLECTED
over $50, go; provided, the same Shall not eN
ceed 81 900 or be less than 500 per annuni, eN
cept in the counties of Chesterfield. Charles
ton, Horny, Union and Pickcns.
You state that before Mr.. PerrinS de;ttn h'
had collected of the taxes OF the tscai yea
$3.50 something over $4,000. and that sine,
his death Mr.. Blake. his successor, mas cor
lected several thousand dollars OF the taxes
OF the same fiscal year. Thus when you a.
comptroller general are called upon unGel
the law TO settle the accounts OF these count!
treasurers, the difficulty, or rather, shoulI {
saw, the necessity, is presented OF aeterinln
ing to whom the commissions as provided II
the section under discussion shall be allowed
Under the laws of our state there IS no Sala
~ allowed county treasurers: IonliniSS,oln'
upon collections made is the compcnSa
tion 10 such officers. Limits TO such coniinis
sions are carefully provided upon al lake:
collected in their respective countles Is one
limit. The per cent. allowed shall hot "
maid after the limit of $4,000 has beer
reached, and these commissions are iurtheI
limited TO one year.
Mir. Perrin in his lifetime having collected
over the $4,000 became entitled; therenpoh
10 the sum OF s., 900 which was the limit flNet
by law to such commissions in AbbeviIl'
county for the year. Such being the case
what are Mr.. Blake's rights as 20 commissions
on his collections?
Clearly Mr. Perrin could not have been al
lowed any commission on the SlO,0O he col
lected over and beyond the $4,000 which h'
was entitled TO as commissions.
Is not Mr.. Blake in the same condition.
1t is, therefore, my opinion that under th'
law you must allow Mr.. Perrin $1,000 as com
missions and decline To allow Mr.. Blake any
commissions Respectfully.
. I.J. POPE,
Attorney Central