The age-herald., 1900-11-22
BACK TAX CASES IN DALLAS COUNTY Important Ruling Expected From Judge Mabry-Affects
 Entire State.

Selma, November H.-(SpeciaL )-The back tax cases in Dallas County have taken on new and somewhat novel aspect, and 1t hangs on the decision of Judge Mabry of the City Court as to whether any of the eases now pending against the citizens of this county will ever come up for trial
 A few days ago petition was filed in the City Court in which petition George L. Waller of this city is named as relator He ayers that the Legislature passed an act, approved February 8, 1897, creating the office of Tax Commissioner, and that the Legislature repealed said act on February 21 1899.
 It is further averred that William J. Rountree has for some time past, over two months, been unlawfully holding ex- ercising, and he has been intruding himself in and usurped the office of county tax commissioner of Dallas County, when In fact he has no lawful right or title to hold or exercise the functions of said office
 It is further averred that said Rountree bas never been appointed tax commissioner by the State Tax Commissioner, with the approval of the Governor, has never given bond and has never taken the oath of of lice, but Is exercising the functions, Hber- ties and privileges of said office.
 The petition is signed as attorneys by L.
 
 lory, A. L. Mcleod and B. H. Craig.
 Upon the filing of this petition before Judge Mabry he ordered a writ issued re- turnable Wednesday, November 2S, before the City Court of Selma, commanding MT Rountree ito show what warrant of au- fhority you hold or exercise the office of tax commissioner of Dallas County and why you should not be excluded from said of- flee"
 The whole matter in a nutshell is that the last act passed by the Legislature, which was amendatory to the act passed in 1SS7 sets out anew, after stating that the Governor shall appoint a State Tax Com missioner, who shall appoint a tax com missioner with the approval of the Gov ernor for each county the following words: Said appointments shall be made as soon as practicable after the passage of this act and the term of the first appointees shall expire on the first Monday in January 1901, or as soon as their successor is appointed and qualified"
 t is held that immediately upon the pass age of the act of 1899, the appointments made under the act of 1897 became null, as the new act stated the tax commissioner should be appointed immediately after the passage of this act, which was the last act approved February q, 1899.
 should Judge Mabry hold that Commis- sioner Rountree has not been appointed and h-s exercise of the functions of the office was without law, it will throw out of court all the cases pending and no doubt Dallas example will be followed in other counties and there will be an end to the obnoxious law, because before the new appointments could be made the present Legislature will possibly have passed a measure repeating the entire tax commission act.
 Pending the hearing on the writ which will come up next Wednesday, the Dallas County Court of County Revenues continued today until the February term all back tax cases which had been set for today.