The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-05-04
THE TAX ON DRUMMERS.
STATE TREASURER DECLARES
THE LAW INOPERATIVE.
h Loss to the State by h Bungling Rev.
enue Act-The Governor Hedging on TIE
Asylum Bills-Artesian Wells for the
State Farms-A New way Of Defrauding
the Negroes-Annual Report as to Insur.
ance Companies.

a io-A ~NG" a VI
the Negroes-Annual Report as to Insur.
ance Companies.
Messenger Bureau, Park Hotel.
Raleigh, n. c., April %.
The state treasurer today issued the
following important circular:
Section SO, Revenue Act of 1897 pro-
| vides that Every person, firm. com
pany or corporation who shall engage
| in the business of selling or offering for
| sale by a drummer or drummers, with
or without samples, goods, wares or
| merchandise Of any description, in this
state, shall. before so selling or offering
for sale any such goods, wares, or mer-
chandise, pay to the state treasurer a
tax Of fifty dollars $4,000, and obtain a
license, which shall operate one year
from it's date
1T is evident that the general as
sembly by saying Every person, firm,
company or cOrDOratiOn.' meant that
this tax should apply to all drummers
alike, both foreign n resident. But
as the supreme courts. both national
| and state. have decided that a state
can not tax foreign drummers, there
fore this section is imperative n void
as applied to foreign drummers. 1t is
further evident that as the section was
intended to apply to all drummers
alike, and can not apply to foreign
drummers, it should not and can not
justly apply to resident drummerS. 1t
is, also, evident hat the Legislature in
tended to put this tax upon a class. If
their power fails as to a part of the
class, there is no reason to believe it
! was intended to be in force as to the
! rest. 1t is not rational to ascribe to
the Legislature a purpose to impose a
burden upon a portion Of that class
resident within it's borders, and exempt
that portion of the same class who are
nOn resident.
Il hold, therefore. that Section 81,
Revenue Act of 1897 inasmuch as it can
not apply to all drummers alike as
clearly intended, car not apply to any
drummers and is therefore imperative
and void
The total taxable value of property in
the state is (by the last years taxes)
s257, 437, O00. The loss of 3 per cent. by
the decision of the supreme court is
over $75, 900.
1t was said at the executive office
today that the governor would fill the
vacancies on the insane asylum boards.
He has filled three On the board Of the
one at MOrganton. He will fill the our
OF the board at Raleigh and the three
on the board of the one at GOldSbOrO.
This statement was made by Private
Secretary Alexander.
Henry E. Knox left today for the
state convict farms on the Roanoke
river for the purpose Of making a sur
vey Of the country for artesian wells.
He said he had as yet no idea of the
depth at which good water could be OBJ
tanned.
1t is asserted that the decision Of
Judge Adams, that John R.. Smith by
his acceptance Of the position of SUI
perintendent of the penitentiary vacat-
ed his position as director of the Colds
bOrO asylum, will also apply to Sena-
tors White, of Alamanca. and White
ner n that they forfeited the positions
as directors of the Western insane asy-
lum when they took the OathS of office
as members Of the legislature.
Judge Ewart. of the Western criminal
II ,ircuit, is in Washington and it is as
serted that he is al applicant for the
place of superintendent of the bureau
of engraving and printing.
EX-Judge Spier Whitaker last week
had an attack of paralysis. 1t was
slight and he is now better. When first
attacked he was in the court room and
at once left for his home near here.
In a game of base ball here yesterday
Wake Forest defeated Trinity College,
8 to 4. The base bali grounds here are
very poor and are not kept up.
In five weeks the new building at the
insane asylum here will be occupied.
Three of it's four floors will be at once
furnished.
EX-Engineer Peasants of the Sea-
board Air Line, says that road did not
offer him $4,000 or any other sum for
his injuries, or to pay him $50 a month.
A New Bern claim agent is said to be
working a new scheme. He is having
negroes sign a petition to congress for
a graduated bounty to ex-slaves. Of
course it is no trouble to get signatures.
T. r. Purnell says he is pledged and
committed to no n for clerk of the
federal court in this district.
Ruff. Henderson, who was the repub-
lican nominee for state auditor and
who withdrew. or was taken down,
yesterday shot at a lawyer named
Hackett at Wilkesboro, but did not hit
him.
The secretary of state will in a few
days send in the copy for the annual
insurance report. 1t will show SO
companies licensed. Last year there
were 119, but some have failed, others
were granted by the legislature exemp-
ton from taxation and some were re-
fused license.
There were two sets of Independent
candidates in one of the wards of this
city, but today one set withdrew and
it is declared hat all possible efforts
will be made to defeat the democrats.
The republicans expected the deci-
sion Of the supreme court in the insane
asylum cases to be in favor OF the
present superintendent. 1t was said
that Governor Russell really did not
want these acts passed, but was power
less to stop the business. A gentleman
who is very close to the governor made
this positive statement.
The attorney general, in response to
an inquiry as to whether failure by
justices Of the peace elected last year
to file a statement of their election ex-
penses debars them from taking office
says he does not hin the neglect or
refusal Of a candidate for office to file
an itemized statement of expenditures
when he is elected in itself works for
fixture of his office although II is