Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-24
Eunu rpubitar 5arsbaltu Fhursda "a 1901

Assembly, the acts of the 2Sth general
.tassembly and the rules adopted by the
Icommision constituted for framing
them before Il complete understanding
of the law can be had. The difficulties
and delays encountered by this depart
ment arise mainly because of the neg
Ilect of those in charge of estates in
properly informing themselves on the
statutes. A pamphlet containing all
law relating to this subject, With the
rules included. has been compiled and
copies mailed to all county attorneys
and clerks of the district court. Copies
have also been sent, on request, to
many of the attorneys of the state
In it's present form the law is cum
lbersome and ought to be codified, and
when SO codifled and amended, be sub
.lstftuted for the existing law. An IN
stance of the inequality of the law is
1 found in the matter of interest on de-
llinquent tax. 1t is difficult to under
stand why the taxes payable by exc.
Icutors, administrators, or trustees shall
lbe paid within fifteen months from the
ideath of the testator or intestate as
required by section 14T5 of the code,
land IL not so paid interest accrues
thereafter. and those payable by the
person entitled to real estate, may be
| paid within fifteen months from the
! approval by the court of the appraise-
ment, as required by section 1863 before
interest attaches. Appraisements are
oftentimes not made for year after
the death of the testator or intestate,
| and there is nowhere in the law
direct provision requiring the approval
of the appraisement by the court.
There is an inference to that effect
| in section 1869 and also in rule S, where
a provision is made that objections by
parties Interested may be fled within
twenty days after the appraisement is
| filed with the clerk. Delays in APP
praisements, as u rule. are caused by
the negligence of the executors or adj
ministrators in reporting the facts re-
CURED to the clerk. AS the appraise-
ment is not made until after this re-
port, the provision giving fifteen
months from the approval of the APP
praisernent for the payment of the tax
without interest is an inducement to
these persons to delay their acts. No
good reason Is apparent why the tax
period, and to use the date Of death
as the basis from which to compute
the time is the only equitable method
The law should be so changed.
The provision granting to county at
torneys fee of ten percent of the
amount of the tax for reporting to the
treasurer of state such estates as are Ii
able was intended to bring this informa-
ltion promptly. In many Of the counties
reports are received principally from
other sources. As the statute makes 1t
the duty Of county attorneys to report
to the treasurer of state the death of
all persons whose estates are liable to
payment of collateral inheritance tax
and allows them compensation for do
iEg so, 1t Is but reasonable to expect
that they render these reports promptly.
If information in some cases is only de-
rived from outside sources, then no
idoubt there are instances of estates
which are liable, that never reach the
notice of the treasurer and the tax es-
capped entirely. The date from which the
county attorney complies his return Is
secured from the probate records. AS
the clerk of the district court has the
FIRST knowledge of the liability for the
tax of all estates and is q clerical off
Ger, would recommend that 1t be made
lis duty to notify the treasurer of state
OF such liability in lieu of the report by
the county attorney, and that his COM
rensation for so doing, In each estate
be one dollar for each one hundred dol
lars or fraction thereof. of tax paid, but
not to exceed the sum of five dollars IN
any one estate: the same to be in adj
dition to the compensation now allowed
him by law. For the legal services per-
formed by the county attorney under
the direction of the treasurer OF state.
I would recommend they be given the
same fee as is provided in Section 1862
of the Code, relative to the taxing Of
attorneys fees, making 1t ten per cent
on the first two hundred dollars or frac-
ton thereof, of tax paid, five per cent
on the excess of two hundred to five
hundred dollars. three per cent on the
excess of five hundred to one thousand
dollars, and one per cent on all in excess
of one thousand dollars. BY this ar
rangement the report would come direct
from the officer having the records in
charge, relieving the county attorney
from this responsibility yet securing for
him about the same compensation in the
aggregate as now derived.
COLLEGE ENDOWMENT AND IN
TEREST.
The transactions in the college endow-
ment and interest funds are set out in
detail in the tables on succeeding pages.
The amount Of cash on hand belonging
to the college endowment fund is
.$1,135.s9. At the close of the last period
it was sSS,621.96. 1t will be seen that
this fund Is now almost entirely loaned, |
bringing in interest, while during the
last period large amount was nom
producing This has been brought about
by the reduction BY the general assem- |
bly, of the interest rate, thereby enabling
the trustees of the college to meet the
competition of financial institutions.
SPECIAL UNIVERSITY AND STATE
COLLEGE TAX.
The one mill special university tax has
been levied and collected during the I
period just closed in accordance with
the provision of the Goth general assem-
bly,, and collections will be received un-
DER this act during the remainder of 1901 I
and for the whole of 1902. The 2Sth gem /
eral assembly provided for a continue
ton of this levy for five years more and
also for similar levy for the State Col /
lege of Agriculture and Mechanic Arts I
- - 4. H.,