The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-04-28

pears that the warrant was issued by
snld r. L. Sale j. r., on April 3. 1901,
and on April 4, 1901. he went to said Salie
Jncksoil and urged her to withdraw the
warrant, stating that the accused would
pay The costs, the doctor and for the
loss Of time she was in bed, and that
the money that would go to tho county
from the fine would be given hcr.
This was highly improper conduct on
tho part of said r. T. Sale. +. T.. Had
salllc Jackson appeared before him and
acknowledged in writing that she had
received satisfaction Of the injury. then
the said r.. y. Sale, j. r.. In his dlscre-
ton, might have dismissed the case III
pursuance Of section 1878 OF the Code OF
Virginia; but in exercising this dlscre-
ton, he acts Judicialy. and. therefore.
should not be party to urging the
prosecutrlx TO compromise the case
against lcr wishes.
In regard to the charge against said
r. r. Sale, j. r.. of being connected
with a collecting agency. and then try
ing, in his official capacity, cases repre-
scented by this agency, ! find this charge
la true and such practices on the part
OF our Justices can only bring our judi
cia system into disrepute. No justice
should ever preside in any case in which
he is either directly or indirectly inter-
ested. and his inherent good sense and
good taste should at once prompt him
10 withdraw from such Il case.
Third Instance.
Third.-1n regard to the failure Of the
1Icnrico constable to collect the dog tax
assessed In 1902 and incidentally the
duty Of the corstables in collecting the
dog tax assessed in 1868. ! find the law
requires the 1893 dog tax to be paid to
the treasurer OF the county just as any
other tax is paid. and while the bills
were not made out In 1909 at the usual
time, when the other tax bills were
made out, this was due to no fault OF
the county officials, but was caused by q
failure to receive the books from the
auditors office in proper time; but this
will not excuse the payment of these
taxes 1t appears that the dos tax
ass essed In 1863 amounts to s2.ool. and OF
this only SCI have been collected After
July !. 1901. 1t Will be the duty OF every
constable to kill. in his district. every
dog whose owner has failed 70 pay the
license tax thereon, and should such con-
stable willfully or ncgiigently fail TO do
this when practicapc, he shall pay a fine
OF five dollars for each dog he falls to
kill. The killing of1the dog does not re-
lievc the owner from the payment OF
the dog license tax assessed against MN.
and the same Is to be collected Just as
other taxes arc collected.
The dog license tax assessed In 1902
amounted to $2,2lo.50 of which si93.bO
wero collected By tho treasurer In his
office, and the bills for the remainder
were turned over to the various con-
stables as follows viz: James Eubank.
Tuckahoe, s2,3: G. II. Waldrop, Brookland,
$3.50: T. j. Franklin. Fairfield, SSH; I.
H. Samuel yarina, 5000.
Within thirty days OF the receipt OF
said delinquent tax bills, each constable
should have collected said taxes or Killed
the delinquent dog. when practicable. and
after thirty days he should have ac-
counted to the treasurer Of the county
for all such taxes collected BY him
find that Constable G. II. Waidrop
has accounted for $50 Of said taxes, and
Constable r. j. Franklin has accounted
for $3.50. while the other two constaples
have made no returns. Constable q. ~
waldror Is now dead. while Constahles
James Eu6ank and T. j. Franklin were
not reelected. The constables should be
required to show cause why they have
failed to comply with the provisions OF
the law.
Respectfully submitted.
l.. o. WENDENBURG.
Commemorative Attorney