The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-08-27
SOME DISGRACEFUL DOINGS.
Deputy Marshais Scheming to Pull "A
Fee Ont of Some One.

II
Commenting on the circular recently
issued by Collector Simmons to the col
lectors in his district and which was
printed in the NEWS AND OBSERVER, the
Durham Sun of Saturday, has the fol-
lowing grave charges to make IL regard
to some of the cases in and around Dur
ham:
Collector Simmons has issued very
timely and very plain circular to the
deputies in this district in regard to war
rants for violations of the revenue laws.
A lax practice has grown up and has
been witnessed in and around Durham
by parties who were over anxious to pull
fee out of some one. For some time past
the thing has been ridiculous, to say the
least of it. Violators should be punish
ed, and due caution should be used in
making the arrest; not taking every
frivolous rumor-some times backed
up by paid witness-to make out a
case and put people to unnecessary
trouble and expense. 1t is time to call
a halt 1t was getting to be exceedingly
odious an unwarrantable persecution.
But we would like to know if it did not
come down the line from some of the
officials that they hadn't long to stay in
and they (the deputies) must make all
they could out of it, and they proceeded
forthwith to regardless of the JUS
tice of the arrests. 1t would be well for
Collector Simmons to keep his eyes open,
from his own Office on down to the spies
and drummers who are engaged in work
ing up cases. Some of the cases about
Durham have been a deep planned farce
upon the execution OF the revenue laws.
"a deputy marshal was heard to say
to day, publicly, that he would go on
with warrants as be had been doing, re-
CARELESS of Mr.. Simmons circular and
instructions; that he (Simmons) had
nothing to do with it. Is this the way
for a subordinate officer to talk3"
Mr.. Simmons Interviewed.
A NEWS AND OBSERVER reporter called
upon Mr.. Simmons at his Office yester-
day and showed him the above extract
from the Sun and asked him to explain
what connection he had with deputy
marshals. Mr.. Simmons said, in sub
stance, that it is true, as the deputy mar
shall referred to by the Sun is said to
have declared, that he (Simmons) had
nothing to do with him. Deputy mar
shals are, he said, appointed by the mar
shall of the district, Mr.. o. J. Carroll
they work under him and are response
BILE TO him. He said his letter referred to
in the Sun was intended for the guidance
of the deputy collectors alone, but Incl
dentally it effects deputy marshals as
well, in this way, to-wit !: Every war
rant issued by commissioner must be
based upon an affidavit. If this affida-
Wit is made on the personal knowledge
of the affiant any one, who, of his own
knowledge, proves the facts therein
stated can make it, but if the facts are
stated upon the information and belief
of the maker las is generally the case)
the law does not allow any one except a
collector, deputy collector or revenue
agent to make it,
He said he had instructed his deputies
when the deputy marshals or u. S.
commissioners desired them to swear
out warrant charging an offense ''or
information and belief, they should re-
fuse to make the affidavit until they had
investigated the facts upon which the
dCcuodeloA was Ud5eu anu SdtiSIcu IucLu-
selves that they made out meritorious
case.
1t will be seen from the above that
our esteemed neighbor, the Sun, fails to
discriminate between deputy marshal
and deputy collector. The former are
not appointed by the collector, nor in
any way under his contract. Nor do
deputy collectors receive fees in any
case, they are paid stated salary.