The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-11-13

The Roanoke Evening World printed
yesterday the following very sensational
item:
1.-The most remarkable discovery was
made this morning nc the clerks office in
connection with the present DELINQUENT
tax business that has been made since
this matter has been agitated To the
chagrn ami surprise of every one it was
found that the applications on delinquent
property which have been filed by q. III.
Kendrick and others, of Bristol were
missing. The injunction from Judge
Woods prohibits the clerk from issuing
them and the sergeant from serving
same. but 1t appears that j. S. Ash
worth, counsel for Bristol parties, Sc
cured them from the clerks office, and
what makes matters worse it is said that
he is having them served by n private
party. If such be true, and there ARE but
few who doubt It then the order of the
court is being violated As the applca-
tions now appear 10 one except an officer
has the right to serve them. There is no
excuse Cor anyone to take the law into
their own hands, and the severest pun
ishment should be meted out to the par
ties engaged in this persistent high
handed march upon the homes of our
people. This mat ter will he thoroughly
investigated, and 1t should be-"
The charge is made in the foregoing
item that Attorney Ashworth is violat-
ing the inl junction issued by Judge
Woods in the case brought by the city
The Times was informed last night by
"A lawyer of this city, whose standing in
his profession is upquestioned, that Mr..
Ashworth is simply pursuing his prerog-
alive under the law, and is In no way
acting in contempt of court. as he. per-
sonnlly,was not covered by Judge Woods
temporary restraining order.
AS to how Mr.. Ashworth secured the
applications from the clerks office The
Times has not been Informed, but the
presumption is that the clerk or one of
his deprties gave them to the Bristol at
tt rney upon demand for them
There is no doubt at ull hut that Mr.
AshworJh isacting entirely within the law
in the matter. Nevertheless, a rev dan
ger confronts the unfortunate property
owners of Roanoke city. These notices
are Je'ng served by Thomas r. Giles,
evidently in the employ of Mr. Ash
worth.
Unless an omnibus Injunction is Mt
once issued by the court the fact is very
evident that every one of these notices
will either be served, or. in lieu of per
sonal service. advertised. Judge Woods
restraining order H. returnable Monday.
1t is noteworthy, however, that the
counsel for the Bristol parties are max
ing no effort to proceed further as to the
properties included in the injunction bill
filed by the Home Building and Convey
ance Company and the Linwood Land
Company, who. through their counsel,
Capt. c. "A. McHugh, I. w Miller ans.
w. q. Robertson, procured An Injunction
against G.. II. Kendrick on last Friday,
November o. To this suit he was party
defendant, and the order scranted by the
court, in addition to restraining the clerk
from issuing and the sergeant from serv.
ing applications, also restrained Ken
drick from proceeding further, in any
manner whatsoever, upon the applica-
tions mentioned in said bill, whether the
same have been served or not.'
This bill. which we were not able to
publish when the injunction order was
first obtained, contains an exhaustive
statement of ali of the irregularities which
have characterized the assessment of
property for taxes and the sales thereof
made by the treasurer Among other
things the bill charges that the treasurer
did not comply with the law which pre-
scribeS the method Of ADVERTISING delin-
quent property for sale; that said sales
were not made in compliance with the
law. which directs that the same should
be made in front of the courthouse.
whereas the sales were actually made ne
some point within the courthouse build.
ing; that the treasurer violated the law
in the manner in which he attempted to
purchase said properties, having pnr-
chased in the Game OF the commonwealth
of Virginia, whereas the law requires him
tn pnrcbe sc Sin the name of the auditor
of pubic accounts for the benefit of the
commonwealth of Virginia and the city Of
hoanoke;" that the treasurer further
volit' d the provision .cf the law which
required him to make report of such
sale To the hastings court within thirty
days after the same was made, whereas
in number of cases his sales were re.
ported several months thereafter: that
the treasurer further violated the rrovis-
ion "f law which ri quired him to subioin
to such his report of sale an oatli that the
saiu report contains IN true account Of
all the rea estate within his corporation
which Ind been sold by him during the
year, and that he was not interested in
said purchase.
The bill further alleges that the law
but one gale of delinuuent
property far taxation, whereas the treas
urer has sold the same property over and
over again each year, and charged the
owner with repeated costs of sale that
were absolutely unauthorized by In ~, and
that in liking he costs NJ such sale he
again violated the law by charging an ar
hitrary percentage instead of apportion
Ing the exact costs of sale among the
different property owners whose property
was advertised, as prescribed by the
statute. In this connection the counsel
N a rln I'M Hc ft,t 10 z.,sA