The news & observer., 1897-08-03
Attorney General Attempts
to "Withdraw from
An Excavation"
HON. W. T. CRAWFORD
SAYS THOSE RESPONSIBLE FOR
THE LAW WILL
PIav Coward and Not Attempt to Enforce IT..
The People Will Condemn and
Repudiate It.


Repudiate It.
To the Editor:-I see from the letter OF
the Attorney General to Bryan, Of Chat
ham. that he is attempting to Withdraw
himself from an excavation IN regard 10
the Infamous tax law. His construction
of that law on June 2Sth, as reported IN
the newspapers, is fair and reasonaple,
and doubtless would be sustained by the
courts. But must say that am amazed
at the opinion expressed in his letter to
Bryan on the 10th instant, that he has
been informed by a number OF the men,
bers of the Legislature that it was not in
tended that the law should apply to the
poll and personal property tax, and In
any view of the case the sheriff is not re-
Quired to furnish the court with list of
the delinquent taxpayers until the sheriff
has authority to make levy and SALE
Does the Attorney General propose to
examine witnesse to find out what the
Legislature thought it was doing? What
has the opinion of a member of the Legis-
lature to do with the legal construction
which should be given to this law? 1t is
pitiable to hear the chief law-officer Of
the State discussing great legal question
in the language of a school boy-"Pop
said so.'' If he meant to suggest that the
views of the Lawmakers should be taken
into consideration in giving judicial con-
struction to the law, it would be advisable
to have a referendum committee, vested
with the power OF court, in order that
the SolonS could be summoned before it
to give evidence as to what they thought
they intended to do in the Legislature Of
1897. Why does not the Attorney Cen
eral speak as lawyer, in saying what
The Legislature intended, by constituting
the statute in accordance with well estab-
ished rules Of law for ascertaining the
Legislative will? 1t is trifling with the
itelligence Of the people to contend that
the Legislature did not intend the law to
apply to all taxpayers alike. The bill
was prepared by the Finance committee
with the assistance Of the State Treasurer,
and it is presumed that the legal effect
Of every provision in the bill was thor
oughly scrutinized The House struck
out section 50, the most odious section in
the bill, and later reinstated it on motion
of Mr.. Johnson, by an aye and no vote,
as shown by House Journal, page $50.
The Democrats voted solidly against it,
with two exceptions, and the fusionists
solidly for it, without single exception.
1t was passed after due consideration and
debate, as a party measure by a strict
party vote, and no one will believe the
silly twaddle that it was not intended
to apply only to the privilege taxes"
It is a weak defense Of a bad cause.
It is not only the plea Of infancy, but Of
imbecility My prediction is that those
vhn fnv ic Iov will nj a "
coward and try to sneak out and leave
it dead letter on the statute book, for
they dare not attempt to enforce it aginst
a people whose lawmakers, for genera
tion and more, have carefully guarded
and protected their rights and liberties
against encroachments. They cannot
make menials and slaves of the yeomanry
of North Carolina.
am inclined to believe that the Attor-
ney General was putting in the plea Of
"spare them, for they knew not what they
were doing" We are willing to give
them credit for large amount of igno-
rance, but we do not intend that the man
tie Of ignorance shall be thrown over this
crime and outrage against people who
ignorantly trusted them, by reason Of
their false clamor for reform, and shield
them from the righteous condemnation
which so justly awaits them at the bar of
public opinion. The honest Republicans
and Populists demanded no such law at
the hands Of that wild, reckless gang,
and, in my judgment, they will rise up
with all other honest men to condemn and
repudiate it.
The Attorney General virtually con-
cedes that the delinquent taxpayer is
liable to Indictment under this law, but
leaves one shadow Of hope, and that Is
that the sheriff is not required to furnish
the judge with list Of their names until
after the law authorizes the sale of their
property, which, in some of the counties,
will be as late as March. So the unfort-
unate taxpayer will have consolation in
knowing that if he has to go to pail it will
be in the spring time when the flowers
are blooming and the birds are singing.
But this consoling thought can give the
people Of Haywood county no relief, in
asmuch as the sheriff has the authority
to levy and sell in December, and our
criminal court convenes in January. Un-
less the Mckinley wave Of prosperity
strikes us, fully one-half the taxpayers
will be liable to Indictment, and we shall
anxiously wait to see what construction
Republican judge and Solicitor will
give to this law. Respectfully,
w. T. CRAWFORD,
Waynesville, N. c., July 80.