The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-11-12
Jahazy Bagwell's Law For Tax
Collectors.
HAM JONES IS UNEASY
It May Rob His Office OF All
But the Name.
coNsTABLEs WILL GET THE FEES
Oujnlon of Good Lawyers Divided as to
Whether or Not This Law Would
Stand the Test Before
the Courts.


the Courts.
intoxicated with success and urged
on by a spirit of personal and partisan
vindictiveness, the fusion representatives
from Wake county in the last Legisla-
ture attempted to destroy Sheriff Pages
Office by trying to take the collection or
taxes out of his hands and give 1t TO the
fusion constables elected two years ago.
With this object in view the following
bill entitled can Act to Appoint Tax
Collectors in Wake County" emanating
from the fertile brain of Jahazy j. Bag
well, was passed.
"That ON the first Monday in June,
1895, and every year thereafter the mag
istrates, or trustees, in joint session,
shall appoint special tax collectors for
every township in Wake county: Proyld-
ed, they appoint the constables Of the va
rious townships, il elected by the people
of the various townships.
seThat the bond, oaths and quallflca-
lions of tax collectors, shall be the same
as for eonstables, as prescribed IN The
Code, and sufficient for tax collectors.
"That the tax collector shall deliver TO
the County Treasurer, on the last Satur-
day in each month, all moneys in his
hands, or on every Saturday, If there is
in his hands more than $500, receive
receipt and report the same to the sheriff:
Provided. the tax collector shall receive
the same compensation as The Code al
lows the sheriff for same service.
''That this act shall apply only to Wake
county.
"That all laws, acts, or parts of acts
in conflict with this act are hereby re-
pealed.
.sThat this act shall be in force from
and after its ratification.
Ratified the 9th day of March A. D.,
1895" ~
The evident intent Of this law was to
practically destroy the Office of sheriff
All patronage and profit We're to be taken
froni'the Democratic incumbent AMI
given to the Republican and Popullst
constables, who had just been elected
throughout the county. No secret was
made of the object of the bin, and It was
openly acknowledge that it was passed
for political purposes.
But the law was a failure. and jim
Young and Jahazy BagweIl have failed
in their schemes. Sheriff Page had al
ready been elected and was collecting
taxes when the act was ratified, so the
lawyers held that he came into his Of
fee under the old law; that the contract
could not then be violated by stripping
the Office Of all but the name, and that
the bin could not go into effect until after
the next election.
So the schemers were defeated, and
Sheriff Page went on collecting his taxes
as he and other sheriffs had been doing
for SO many years.
And now comes the second chapter in
this little law-making business, and one
which Jahazy had not counted on when
he secured the passage of his bill. The
counfy's contract with the sheriff will
soon expire. No matter who the success
full candidate might have been this time,
he was elected under this law providing
for the appointment of tax collectors. As
it happens, the sheriff chosen is a Repubi-
can. and il the law amounts to anything
at all, it is part of the contract under
which he is elected.
On this point-the validity of the law
authorities are divided. Some lawyers
say that the law now applies and must be
enforced unless it be repealed. Others
say that as it provides no machinery for
collecting the taxes by the constables or
for their giving bond, other than that re-
quired of constable in the ordinary dis
charge Of his duties, the statute is against
spublic policy, and is therefore unconsti-
tutional
With this division Of legal opinion.
Sherif-elect Ham Jones' head is not rest
ing easy on his pillow these nights. And
you can readily imagine why, when you
remember that the taxes of Wake county
amount to over 100000, and that 5 per
cent Of this, or about $1,000, is allowed
for their collection. Take this from the
sheriff and there is nothing left but the
paltry fees allowed for arresting criminals
and serving papers In Raleigh township
alone there are 100000 Of taxes to col
lect, and if this law goes into force the
constabIes office viii be worth $1,000
year This position is held by a Demo
crat, Mr.. John Il. Upchurch, and Ham
very much fears that he is to be the one
to fall into the pit digged by his friends
for his political enemies.
The bond required of the sheriff is
S105, 900, while the constable has to give
only a $500 bond.
1t is generally believed that the Legis-
lature will repeal this law and leave mat
tiers Just as they were before Jahazy Bag
well bloomed out into a full-fedged
Scion.