Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-08-07
ANSWER,0F M'CAMANT.
Treasurer Wright Must Bring Suit
for the Mercantile Tax
UNLESS THE CASE Is HOPELESS.
The Auditor Generals Reply Referred to
the City Solicitor.
KEYSTONE BANK EXAMINERS NAMLD
ESPECIAL TELEGRAM TO THE DISPATCH. ]


HARRISBURG, Aug. 6.-Attorney Gen.
eral Hensel to-day sent formal answer to
Auditor General McCamant's queries re-
garding the delinquent taxpayers on the
mercantile appraisers list. The Auditor
General then prepared and sent to City
Treasurer Wright, of Philadelphia, the
following communication:
DEAR sIR-Referring to your favor of the
3oth, desiring certain information as to the
collection of delinquent taxes for the year
1891, write to say that the act of April II,
1862, amending the license laws of the State,
makes it the duty of every City and County
Treasurer to sue for the recovery OF all
licenses returned by the mercantile apprais-
ers to the Treasurer that are not paid volun-
tarily. 1t also provides that the treasurer
cannot be discharged from the payment OF
the licenses returned to him as aforesaid
unless suit is brought and pressed to 1udg-
ment and execution. The Treasurer selects
tuted, and they should of right make to him
their returns of collections and list of un-
collectable licenses, and with costs, in the
month of October.
COSTS OF THE SUITS.
In all cases where licenses are uncollecta-
BILE the costs of the suits are paid by the
Commonwealth, as fixed by act of March 13,
1877. So far as 1 am able to ascertain the act
of April II, 1862, has been followed in every
county in the Commonwealth save Phila-
delpbia, where from the year 1873 to the
quent licenses were instituted by the City
Recorder, under the terms of the act of
April 1S and in Allegheny county, where
change was made in the year 1870, winch
reads as follows:
"In all cases where, upon investigation,
the Treasurer shall be satisfied that certain
mercantile licenses cannot be collected by
law, he shall make out a list of such mercan-
tile licenses, giving in detail names, resi-
dence and amount, and return the same to
the Auditor General, under the oath of
affirmation, stating that said licenses, In his
judgment, cannot be collected by process Of
law, and it would be waste of State funds
to make costs thereupon. If the Auditor
General is satisfied of the honesty and
truth of said statement, he shall direct the
Treasurer to be eXonerated for said delin-
quent mercantile licenses"
THE ONLY CHANGES.
These two changes are the only ones that
a search of the pamphlet laws enable me to
find and after the repeal in 1888 of the act of
April IS, 1878, the act of April IL was restored
and again followed in Philadelphia.
In view of the representations you make,
and the better to enable me to answer the
questions you ask, 1 have had a conference
advice on your first, second and fourth in
terrogations, as they involve matters in law,
and now answer you as follows:
First, it is your duty to place in the hands
of magistrates for collection on August Is
all delinquent licenses where your investi-
CATION satisfies you the Commonwealth can
recover, or where there Is reasonable
doubt or chance for the Commonwealth to
recover, or where claims involve disputed
questions, which it is the interest Of the
Commonwealth to have speedily adjudi-
Gated.
AN EXTENSION OF TIME.
Other claims you can withhold from suit
until further inquiry and investigation are
made, and for the purpose I extend the
term for instituting suit on such claims to
the 10Th day of September next, with a
promise of further extension of time of
the same if deemed necessary. Where you
are satisfied beyond doubt That there can
be no recovery on a judgment obtained on a
claim for licenses and you can furnish me
ctory proof to that effect, no suit
need be instituted. The proof should De
your affidavit, or the affidavit of some COM
petent person acting in your behalf, or in
behalf of your counsel, whom we appoint
1 Iappoint j. Quincey Hunsicker. who acted
under my appointment as Examiner of
Savings Banks, and who acted also as agent
of the State Treasurer and myself in the adj
iustment of the accounts of the late Treas
urer John Bardsley, to represent the Com
ering everything and determining upon evi-
dence secured whether it is judicious or not
to institute suits in all cases, or determine
what suits should be instituted, and what
not. l authorize you to employ some person
satisfactory to yourself and Mr.. Hunsicker,
to act as assistant counsel, and for their SER
vices they shall be properly compensated.
THOMAS MCCAMANT, Auditor General
THE ACTION OF WRIGHT.
dispatch from Philadelphia says: City
Treasurer Wright to-day received COM
from Auditor General Nc
Camant, inclosing a statement from At
torney Gene raj Hensel, in which the city's |
to the State for unpaid State |
tax on mercantile taxes is fixed at Se6 ,OVO. |
Accompanying the Attorney Generals state |
nent was a demand that the amount named |
be Immediately paid to the State Treasurer. |
rhe records OF the City Treasurer's office |
show that John Bardsley, while City Treas |
record showing that he paid 1t to the State. |
There was some doubt all along as to |
whether the State would take this step, it |
being laid to the credit of Controller Thomp- |
,on, by careful review of the statutes to |
clearly show that the City Treasurer only |
,cts as the fiscal agent of the State, and as a |
the city can't be held respon- |
,ible for any of his actions while acting in
that capacity.
CITY Treasurer Wright has referred the |
of the Attorney General to
he law officer of the city and will now
wait the latter's decision in the matter.
KEYSTONE EXAMINERS NAMED.
Governor Pattison this evening appointed
francis B. Reeves, S. Davis Page, n. Dunois
diller, Lawrence E. Brown and Taylor
Taunce all of Philadelphia, committee to
investigate the affairs of the Keystone Ma
ional Bank, in accordance with the per-
mission granted by Secretary of the Treasury
Foster, at the Governors request of last Sat
Irday.
The Governor has notified the gentlemen
# appointment and impresses upon them
he Importance of speedy action.