Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-01-26
(1IIIIQl3
REVENUE MEASURES.
The Cooke Bill and the Fay OF tns
Examiner of Records.

The Cooke Bill and the Pay or the
Examiner of Records
To the Editor OF the Dispatch:
Taxation of bonds, notes. or other evi-
dences OF debt, held subject TO the oroe1
OF courts. Under the provisions OF our
Code of 1887, each clerk of every court OF
record. was REQUIRED TO make out ana oe-
liver TO the Commissioners OF revenue
for his district statement OF all money,
bonds. or other evidences OF debt unoe'
control of the court whereof he Is clerk |
or I'm possession OF a receiver or commis-
sioner of said court. other than bonds OF
other evidences OF debt executed Tor inc
purchase pfice Of property. real or per
sonal. sold under a decree Of such court.
The exemption from taxation or ponnS
or other evidences OF debt execuleu ~.
the purchase price OF property, reai ~
personal, sold under decree VI r,,Il
was prompted by experience, ana W., 10
hereinafter endeavor to illustrate anu ~
demonstrate the wisdom of the Jaw. he he
compensation was provided loI dis.
clerks. consequently they dlu not 80
charge the duty thus imposed upon 9o7 'nei'
by section 493, Code Of virginia, loo..
There is no reason why the Cominls-
sioner of the Revenue should not De w.
| fects of taxation under the control OF Tue
| courts OF this Commonwealth, anu 80
ceive as compensation therefor the same
| commissions he is paid Tor assessif nS
other property. But at the iasI ~, ss 1875.
page 779 an act was passed ,si, eTe'e Of RE-
| new Office styled "Examiner Vn L.
| cords" The duty required or tnis I'll
| aminer of Records was 10 exaihinS ~ CO.
causes in or records Of the courts OF TINS
| Comm ,nwearth, with view OF as
| tanning and reporting all moneys, DU .,.ror
notes, and other evidences OF dept, x u,
control Of courts, sup 9tota - The act OF
| 1Sg5-'96 did not creates new suDJectS VI
J taxation but was only intenued 70 P, 70
| vide an officer to discharge the QUITS io9
quired of the Clerk uhoer se'''oH NV
The examiners Of records disregarueu
this fact and the law, and procseueu -
list for taxation all bonds on otner e.i
dences OF debt executed for the purchasSSS
nrice OF property real and personal, sol s
Under DEGREES of the court. The taAhtlo.h
OF such bonds was resisted as un ssn 60
tutional, unlawful, and unjust; IL w@9 o, ~
held by our county courts; py our eh IL
cuit courts, to which appeals from III
county courts were taken, and In the ,r caso
of F1lkerson. Commissioner, vs.. lrsa
surer Of Bristol, decided 9y our supi was vas
Court of Appeals OF virginia, n We
decided that the act Of March =, lsSo (A US
1885. page 779. did not incredse ,no
subjects of taxation, but Simply ple
scribed a different mode or assessss 81 y
from that prescribed by section 4gS or the
| code. The object of a bill Introduces ~
MIR, Cooke, as | am informed, Is TO max max.
such bonds and evidences or oept ne~
subjects OF taxation. | have nereln staes -
shSf n was wise Just, and proper 20
, EXEMPT such bonds or evidences Oh w.
, from taxation, and / Will SUBMIT submit a,h l9T
familiar and everyday illustrallons ~ ~
can be found in most any court - VIZ
| a debtor owns tract. Of land, he pc
comes involved, and his cre1iSsotte rs ne iu'
, stitute suit TO subject lnae I1mu isnd /.
l sold under an order or decree OIL wv
court, and bonds are taken for tnS p xe.
t chase price. The purchaser pays AL all
on the land; the creditor is taxed WY, WIZ
, | HE claim for which the land was SOU
: Now N Won tax the bonds executed lo'
; the purchase price OF the land. VINO pay,
J, ! that tax? The court must oruer tii %,
I TAX TO be paid out OF the cohechohs ~
: that bond. and I'm so doing II orders I'M
: tax 10 be paid by the insolvent dsDlol
- | Who has been sold out of house ana honiS
|. and is worth not stIVer: nan enoIigl
e 10 nav the debt, the total aHouilt
o those bonds are taxed for two or tlre =
c wears TO consume the little plltdnSo .
Il which the debtor IS entitled: .-., q
VI the land does not sell for enough :
, nav the debts, then the proceeds VI ~
v sales TO the extent or the taxes Oh -, n
o bonds are consumed, and the Daiance =
,, the debt is left, IKE ny niI''' Again.
- hang arou '.na tract of land, and hi
orad,,ors proceed TO subject that illl
- che rayment OF their claims. ne iaI.
a is decreed to be sold on une and IN
Salarce on a credit OF one ana t"ol =
le one two. and three years. III Neiy .onanI
)e hannens that a debtor caIlilVt ,se
,r with the demands OF ms q ',ron Ihes
M when his property Is sold upon ryt
=, terms which are not unusual, ne W.
III Inv his own lands at judicial saiss, ca
endeayor 10 comply WIN tnS 49, ''9 ex,
sales. Now, If you TAX sne gT'S Of ths
TT ,sS That is the result? That poor ueps'
Mt AM ,, tav on the land which ne mas ~
TO RRaid for and does not own, anu ne a.,
OF pays tax on the bonds gwen ana ID which
W SlsS" ,rbe tax on such bonds IS not - -
u Nv the creditor, 1t is PAID py tne u me
ey Surely such legislation Will hOI NC 0
Il ed by our representatlDv',ss,e for malxir
re some remarks In regard TO the Exam.
ed of records. and suggesting ee'9'''
that subject IT., Cor ali ctate Oh
m me e. AZ cents on thu 800 OF proper
a RRvvsoay, Of the Examiner or KecoiuS
ut ~ ceptS ON the 500 Of bonds OF :, 80 =
ng av,dences Of debt listed by MN 10 10 Sta
to cessary to pay one r iDuirv for taxatio
nc ,rhe fact is IL IL is necessary 10 n. az, =,
per I,Heniner OF Records, we are hvw s.o ta' .
ne TOO much for the services; tne 90 ten
10, w tbs service rendered Tor one yen
III naF 80 f3fteenth of what 1t Is now pay u
OF on S,arlS OF each court Is compe'ent
49,, Inc ~ The service, and il the state wo'
,rovide him compensation ol III,
TO plo..iDn0, 80, the amount Of taxes Lawfully
m cens. on 90 the bonds and other eviueh'
lrn 20 AMI listed by him, wnlcn Wouiu
Oh ue oea tenth of the compensation y
20 ony e. the Examiner OF RECORDS, !,
nts would gladly render the sei''eo' "''S- -
|
yea Rmt this is useless expense. me sh ~
rks ,,issioners of the revenue are, ~ I 80,
eed hn competent TO list all taxaUlS ~,
~ orher evidences OF DEBT unuSl
s lllu ~ courts Instead OF payins
SSs.,aroiner of Records one loultn ~
I'M iE,.etn,n revenues for reporting sucn Don
Slaee = the Commissioner OF the HeVeh
~ nc; 'then paying the Commissioners
-er- anu ,ssion OF 21-2 per cent. on
ing sona.,''iI a ,vfully assessed by him on ;
her taHes &c. or. instead or paying
and oonos, let said bonds and report IN
one Commissioners OF the Revenue
IN sssessment and taxallon, lspuni let g
80 1o,omissioner Of the Revenue 20 M :
en' Sonda &c. This legislation wouIa 10 ~ a
$50 Iii a number of officers ana raw
sly. MrssS,aerable amount OF expense 1,,, T.,
son, JOSH. SLOSHNhANnH'
the Halifax county.
..oa sams-Dudy.
rdi- BALTIMORE. MD, January dII