The times. [volume] (Richmond, Va.) 1890-1903, 1898-06-03
REFUSE TO PAY
OBNOXIOUS FEE,
Citizens Raise Objections to Paying
Money for No Apparent Cause.
A TEST CASE IS TO BE MADE.
Judge Shelley Decides That n Man
Need Not Pay the Fee Required
i'm a Recent Act Of the
Legislature.
A TEST CASE IS TO BE MADE.

The clerks Office Of the Hastings Court
was crowded yesterday by people anxious
10 pay their delinquent taxes. \ num-
Der Of these people paid their taxes and
the additional fee that is claimed by
certain persons. who claim that, under
a recent act Of the Legislature, they have
tho authority to make application for
the purchase Of lands now held by the
state for delinquent taxes, and receive
therefor a fee Of s. from the owner OF
the property before he can redeem his
property. but several people refused to
pay that fee, claiming that there is no
law that can compel them TO do such
an unreasonable and unjust thing. Some
parties have simply rendered the &C
tual amount due the state aside from
the fee
In such cases Clerk Christian has de-
clined to accept the money. on the ground
that notices have been filed by certain
parties that they intend TO buy up the
property from the State.
A TEST CASE.
Yesterday Mr. MEG. SintOn, upon
whose property the sum OF 1926 was due,
rendered Mr.. Christian that amount. As
the law provides that taxes must be pald
In legal tender and the money offered by
| Mr.. SintOu embraced several silver GER
thcates. It was refused. Mr.. Sinton then
obtained a $50 gold coin and offered that,
but as he refused TO pay the 50 Zee tne
clerk declined TO accept the money, ana
notice was given 10 that eject.
This was done adyisedly In order to
make out material for a test case, for
Il IS well understood that Mr.. Christian
| Is personally opposed 10 the amendment
20 the law that requires the payment OF
the s. penalty He has said. In refer
| ence TO this matter:
IL sincerely hope the court may decide
| that our taxpayers need not nay inc 70
penalty. In fact, i wish the whole statute
| could be declared unconstitutional, ana
| that l could be relieved from the respon-
| sibility Of the collections and our people
could be let alone by those who seem
4 disposed to speculate upon the mlsior-
| tunes OF people who can scarcely hVe'
/ much less pay taxes
In reference to legal tender. the law pro-
| vides that gold and silver com, nauOhal
| bank notes and treasury certificates con-
stitute such and either Of these must be
| accepted In payment for taxes.
| The mere fact that the notices OF pur-
| chase have been filed by the specuia-
| tors" Is held by legal authority TO De IN
! sufficient and that the notices must pc
| presented TO the owners Of the property
| before the s. fee can be collected.
This law. II is contended by nigh legail
lights. will prove unconstitutional ana
| the test case will be brought in one OF
| the Richmond courts In few days.
THE FIRST DECISION.
| The following extract from the Abing-
! don Citizen Is OF interest in connection
| with this matter of delinquent land tax:
"a case Of some interest 10 many or
the tax payers Of the county was decided
! by Judge Shelley. on Monday last.
"The taxes on a certain lot owned by
The taxes on "A certain lot owned by
NJ Tpbr, Cosby the of
! Abingdon was returned delinquent for
| the year 1890.
"Under the recent act Of the legislature
/ giving any one a right TO file on such
| delinquent lands, L. p. Summers fled
an application with the clerk Of the
| county court 20 purchase this lot. Be
fore service Of the notice on Mrs. Cosby
| she made a tender to the clerk OF all
taxes on the property. But r. p. cum
mings. clerk. refused 10 accept payment
Of the taxes because Mrs Cosby would
| not paw to i. T. Summers the s. penal
| tv allowed by act Of February, 1895. \
| petition for writ of mandamus was
! presented to Judge Sheffey on Saturday,
| to require the clerk 10 receive the amount
| Of taxes as rendered by. Mrs. Cosby
without the s. TO Summers.
| "R p. Cummings, clerk, in his answer,
admitted the fact OF his refusal: First
Because inc fee OF $ TO Summers, the
applicant. had not been rendered, and
| further. that the tender made by Mrs
| Cosby was not legal tender.
Upon this state Of facts. Judge Shehey
| held that the answer was not sufficient
and granted the mandamus and enjoined
| the said r. p. Cummings, clerk. imme-
diately upon payent TO him by Mrs. sue
| NJ. Cosby of the taxes interest and costs
amounting 20 sac. excluding the penal
| " Of s. TO the applicant. Summers to
| receive the same in fun settlement OF all
taxes. costs and interest IN the redemp-
| ton Of said lands"
This decision by Judge Sheffey Is OF
considerable Importance as establishing a
precedent. and the further progress OF
! such cases will be watched with interest
| both by rich and poor property-holders.