The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-13
WILL FIGHT RULING
TO REVENUE STAMP
DEAL
BAZILLE WILL ENFORCE LAW
Every Bond Filed Since. July Must
Re Stamped or the Bond Will
Pc Declared of No
Effect.

The recent ruling of the internal rev.
eEue commissioner in regard to stamps
on bonds furnished by guardians, as
signees, executors, ETC., as recited in
yesterdays issue of T he G l o b e, has
stirred UP quite discussion among the
attorneys of the city.
The ruling in the matter is plain and
there is no possible way to construe it
except as it reads, and it reads that
these bonds must have affixed fifty
cent internal, revenue stamp. The ques-
ton of the constitutionality of the law
and the ruling has been brought up, ard
it barely possible that the affair may
be taken to the United States supreme
court and decided finally.
Judge Bazille, of the probate court.
stated to T h G lobe yesterday that
as far as his court was concerned the
law would be enforced. He said that he
was aware that the fact that he did
not know of the ruling did not excuse
him, and that further he was going to
demand a stamp on every bond filed
since the first of July.
ST shall simply call these men," said
the judge, ''and tell them that the bond
is no good and that it must be stamped.
If anyone refuses to stamp it | shall
discharge on the ground that L can't ae-
ccpt The bond, and appoint someone that
will furnish the stamp. From now on 70
bends of this class will be filed with the
clerk of probate that have not stamp
affixed to them"
The clerk of the probate court, yester-
day morning visited Deputy Collector
Vars, who informed HIM that the state
ments in regard to the ruling set forth
in The Glob were correct. The
clerk Immediately compiled a list of the
unstamped bonds. There are ISL of them
that have been filed without stamps, and
the bonds would have to be stamped
AS yet none of the people have appeared
and of course ample time will be given
them.
In regard to new bonds, however, the
trouble has commenced. 1t began with
the first bond that was filed yesterday
morning. An attorney who is prominent
in legal circles presented a bond, and
when he was informed that he would
have to affix fifty-eent stamp he de-
manded to know why stating in effect
that he ''was from Missouri, ETC.
The clerk explained the ruling, but, at
that. the attorney was not satisfied and
he stated that unless. Judge Bazille
would accept the bond without stamp
he would begin mandamus proceedings
at once to compel him to. If he does
this it will probably result in his being
for violating the internal revenue laws
and the case will be taken up TO the
United States supreme court for settle
ment
G. J. Thompson dropped in the probate
clerks office late in the afternoon and
filed a bond. The clerk told him of the
ruling and Mr.. Thompson told him that
he would affix the stamp. st is too
small matter he said, "to bother
with, but I don't think the ruling IS
constitutional The constitution of the
United States expressly prohibits the in
reference by congress of the state
courts, and that is what this ruling is.
The probate court is a state institution
distinctly and congress canot enact laws
compelling the judge to demand stamp
on any of the documents of the court
Mr. Thompson is of the opinion that
il mandamus proceeding was insti-
tuted the probate court would be
beaten. The officers OF the court, how
ever, are determined to carry out the
law, regardless of protests. The clerks
office has consented, in fact offered, to
take up the work of stamping those
bonds already filed, thus relieving the
internal revenue department. of the ne
cessity of getting after the delinquents.
However, a report will be made to the
collector and anyone who has not COM
piled with the ruling will find the col
lector on their trail and will be, liable
to arrest just the same as though they
had violated any other rule of the
service.
Ramsey county appears to be the first
place where the case has come up, but it
is understood that the same conditions
prevail all over the country The ruling
also affects the district courts in the
matter of appointing assignees and re-
ceivers, whose bonds must also be
stamped.