Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1898-09-08
WHEELING TAX INFORMERS
Have Two Cases Tried But the
Defendants

Rave Not Shown Their Hands-No
Judgments Have been Rendered In
Favor of the 'sInfOrmers''- Appeals
VIII be Taken in the Cases So far
Tried-Lawyers Think the Act Under
Which the Suits are Brought are Tn
constitutional.
Some time ago couple of fellows
of not very sayory reputation went
to Wheeling and looked up things
and arranged to bring about four
hundred suits against parties who
had failed to give the assessor a cor
rect list Of their property. These
''informers'' receive five per cent. of
what is recovered if suits go against
the defendants. So far very little
has been accomplished in the mat
ter. The Intelligencer reports two
suits heard yesterday, the following
being what is said in reference to
them.
Squire Haberfield yesterday morn
ing announced his decision in the
case brought against Jerry O'Brien
by the 'stax informers'. Informer
Bird brought suit for $40 The
amount loaned was $500, and it had
been out on loan for two years,
therefore Bird demanded five per
cent. on the $500 for two years, or
$40.
His view ofthe matter was not ta-
ken by Squire Haberfeld, who, in
deciding for the plaintiffs, gave
Judgment for $40, which is five per
cent on the sum loaned, no cogni-
zance being taken of how long the
loan escaped assessment.
This case was decided at II
o'clock, and at 3 o'clock the case of
William j. Bodley came up Mr..
Bodley was sued for $40, and he
fought to a finish, succeeding by his
own efforts in getting the amount
sued for reduced to $3.50. Mr.. Bod
ley was not represented by any attor-
ney, and in his argument he claimed
that while his money was out on
loan the assessor hadn't visited him
or made any inquiry relative to his
personality, therefore he couldn't
make the proper returns. Squire
Haberfield, before whom the case
was tried, took the matter under adj
visement, and will render his decis-
ion to-day.
The money had been loaned to
William Strauss, tor four years, tes-
titled Mr.. Strauss, and not five years
as claimed by Informer Bird, there
fore the latter came off his perch for
$40. AS stated yesterday, Bird
claims five per cent for each year the
money has escaped assessment
What move the defense will take
in these cases in view of the decis-
ions reached by Justices Dunning
and Haberfield is not known, but
there are two channels open, and one
of which will likely be taken. One
method is to take an appeal to a
higher court, the other, to let the
''informers" enforce the justice shop
judgments. The law governing the
cases is thought by many lawyers to
be unconstitutional, since under the
Interpretation given it by Mr.. Bird,
two assessments may be levied, one
on the money loaned and one on the
man who borrows the money, for the
latter in paying taxes on his mort
gagged property is paying assessments
on the loan indirectly.
On the ground that there can't be
two assessments levied for what is
already assessed, the law may be
considered unconstitutional, and
upon this fact resulting, the defen-
dants could come upon the Inform
ers'' for damages, directing their
attention chiefly to Mr.. Colts, who
is the wealthiest of the quartette.