The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-12
FAILED 70 OBEY THE LAW
Tax Collector Has Not Settled
With the Treasurer
IS OVER TEN DAYS LATE
MIR. Merwin CIingS to About Seven
Hundred Thousand Dollars
lie Claims Thst He Has Been Unable to Com
rIete His Final Report and Cannot
Take the Payment

On the first Monday in December. the "a
instant. the county tax collector, A. ii.
Merwin, should have turned over to the
county treasurer, T. j. Fleming, sum
between 100000 and 100000. He has
as vet failed to do so, and something like
ten days have elapsed.
Under the law the tax collector is eX-
pressly directed to turn over to the treas
urer his collections for the month OF No
vember not later than the first Monday IN
December. This section of the statute Is
mandatory. The tax collector is not per-
mitted to exercise his option as to whether
he shall or shall not do SO. He is express
ly comma nded to do so.
The fact that this money had not neen
turned over by Mr., Merwin to Mr.. Flem-
ing became noised about in financial cir
cles and caused considerable comment,
representative of THE HERALD called
upon the county treasurer and asked If he
had received the amount of tax collectors
November receipts. MIR. Fleming said'
mo, sir, have not, and do not KNOW
when l shall get the amount. 1t is quite
large, somewhere in the neighborhood OF
100000. The tax collector has IN
formed me that he has not completed ms
report of the November collections yet,
and states that he will make no payment
10 1lc dS tI6dSuESI uiltii hC boSS'
docs it not strike you that the tax col
lector is c!inging to the coin altogether
longer than the law allows and the neces-
slies of the case demand?"
"Yes, / do. The law indicates plainly
what his duty is, and he has failed to con-
form with the requirements OF the statute.
That money should have been paid into
the treasury one week ago last Monday
HAS the tax collector indicated to you
what day he intends to make the full pay
ment?'
"He has not. and cannot tell you.'
County Auditor Charles f. Bicknell
stated that the law was vero explicit as to
when the tax collector should make his
final settlement for the year with the
treasurer, and that was all he as auditor
had to go by. He knew that the settle
ment had not been made as yet. the tax
collector claiming that the work OF his
office was so far behind that he had not as
vet had time to complete his report.
Tax Collector A. Ii. Merwin was very
much surprised when Informed of the
rumors which were afioat concerning the
reasons as to his failure to turn over to
the treasurer the 100000 or S70O,OOo
that should now be in the latter officials
hands.
1.-The very minute l get my report ready
that minute will / turn over to Mr. Flem-
ing every dollar Of my collections. l have
them deposited in some of the local banks
and can get every penny OF tne anouHt
on "a hours notice.
"Yes. sir, the law does command me to
make my formal settlement on the first
Monday in December, and was prepared
to do SO but my report was not completed.
The treasurer would. of course, accept no
money unless | settled with him in full,
and could make no full settlement with
out my final report.
1.-THE reason l was and still am delayed
on my final report is because of the fact
that so many people between the 10Th and
25th of November sent in drafts. checks
and money orders by mail and by messen-
gers to pay their taxes. The amount OF
mail matter of this charater that accumu-
lated was tremendous. We have waded
through it and are now about completed
with the credits.
"My force of deputies was reduced at
once directly ta3-paying ceased. and to-
night will reduce it still further.
II am conducting this office TO the best
of my ability and am giving faithful serv-
ice to the full extent of my power.
Eyes, sir; ] admit that the law is manda-
tory in regard to my final settlement and
the time when it shall be made with tie
treasurer. but it was just simple impossl-
there is to it. l have worked night and
day and so has my chief deputy, X. ID.
Wade, competent man."
No one has for moment intimated that
there was any reason for the tax collector
holding his collections longer than the law
allows him to retain them that savored of
dishonesty. But there have been numer-
GUS statements made that the banks hold
ing tho money desired to keep it just as
long as they possibly could. and that Mr..
Merwin was probably favoring them in de-
fancc of the statute. This is what he de-
MES. His bond is in the sum of $500 900.
and is as strong surety as was ever given
by an official in this county.