The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1898-11-22
Other Kentucky Cities COmpro-
missing With The Banks.

WINCH ster. Mt Sterling, Cynthlana'
Maysville, Lexington, Danville, George
town. Louisville, EllzaoethtoWh'
Owensboro, Henderson, Paducan' III
fact almost every town of consequence
in Kentucky. has compromised the tax
claims against the banks. Paris almost
alone holds out for the last drop OF
blood. Perhaps the Council thinks they
have the approval of the business men
and taxpayers of the city in going INTO
long harassing and expensive ltlgaClon
with the banks in which success is
doubtful to say the least, and In when
large part of whatever by any crook
is wrung from the banks will be
swallowed up in lawyers fees ana
other costs of litigation, but The NEWS
is quite sure that the business men or
Paris and the people who pay taxes
and who expect to pay taxes for the
future. desire fair settlement of the
tax question with the banks so that the
present capitalization of the banks may
remain intact for future taxation.
THE NEWS makes no pretense to ar
que the legal aspect OF the question
Very great wrongs may be and often
are perpetrated with the sanction OF the
law, and it may be possible that the
banks may be made by legal processes
to pay tax to the city for 1898 and 1894,
Notwithstanding that under decision
of the Court of Appeals of Kentucky
they were required to pay and did pay
tax for those years under the Hewitt
Law whose provisions required all tax
to be paid to the state and none to the
CITY: but no fair man could believe il
right to make them paw for those years
whatever the courts, at the importantly
OF the two or three who are denan n );
the last drop, may decide in the prem
Uses
The banks paid while the first decis-
ion of the Court of Appeals was in force,
all taxes owing by them and all that
could be legally demanded of them tor
the years '93 and "a They paid their
taxes as required by that decision. They
were compelled to pay. They paid a
large sum which cannot be recovered.
They paid relying upon that decision. If
they had no right to rely upon that de-
cision they have no right to rely upon
any decision of that court.
1t is claimed by the Council that they
must paw under the last decision How
is the last decision any more authorita-
tive or binding than the first Are
they not decisions of the oame court
If the banks pay under the present de-
cision would they not be protected i'll
doing so Unquestionably. Then how
protected by paying while the first de-
cision was in force as required by that
decision If they should pay under
the last decision. and in eight or ten
years the Court should again reverse
itself would any one think it right that
they should lose all the money they had
paid in the meantime in complying
with the requirements of the present
decision To claim that the banks are
not protected by complying with the re-
quirements of the first decision of the
Court of Appeals on this subject and
paying tax as required by that decision
would, if upheld by the courts, render
it impossible for any one ever to know
what his rights are. To an ordinary
man, unacquainted with legal sinuosi-
ties, the law, whenever it has been in
terpreted by the highest Court, is what
ever that Interpretation makes it, and
the citizen has right to accept that in
depreciation as his guide and rule of
condnct and be governed by it in the
discharge of his duties whether it be the
duty of paying tax or any other duty,
and if the courts will not protect him in
this then his rights are without legal
definition and there is an end TO all bus
iness enterprise.
The banks paid all the tax due from
them for 1898 and '94 under decision of
the highest court. Does anyone believe
that if they were individuals and not
banks the question of taxation for those
years would have been raised against
them -? Certainly not.
Notwithstanding the claim has been
made that the Henderson banks were
sued for taxes for '93 and '94 and iudg-
ment was given against them and they
had so little hope of reversing the judg-
ment that they paid up dollar tor dollar
without ever taking an appeal, and the
fact is that no bank in Kentucky has
paid any back tax except on cornpro-
mise, and in nearly every case the corn
promises ha, been much more favor
able to the banks than that offered by
the Paris banks and rejected by the