Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-10-28
TRIES TO COLLECT TAXES
Former Sheriff Makes Raid on
the Old National Bank.
OFFICERS REFUSE TO PAY UP

Judge Golf Issues Injunction to Re-
strain Mr.. stuckey From Any
Further Efforts Of Like Nature.
A sense tional inuident marked the
closing hours of business at the Old
National bank on Saturday afternoon,
the dramatis personae being former
Sheriff Charles Str ckey, Sheriff <. d.
Gardner, II. II. Emmert. president of
the hank and Cashier Hill, of the same
Institution. The occasion was an
attampt of former Sheriff Stuckey TO
collect the snm of $3.50, which he
claims to be due him for taxes for the
year 1904, and the incident furnisied
lively topic of conversation in bust.
ness and financial circles for many
hours afterward.
The affair was the outcome of the
refusal of the bank to nay certain tax.
es levied by the County court npon
the bank pending the result of an ap.
peal to the supreme court of the state
year or two ago the County court
decided that the national banks should
be assessed upon their capital stock,
and the banks Immediately appealed
the suit to tie Berkeley Circuit court
Judge Daley. acting as special
judge, decided the case in favor of
the banks, and the County court there
upon appealed to the highest court in
the state. In the meantime the bank
refused to pay the taxes to the then
sheriff, Mr.. Stuokey, and the matter
has been held in allowance pending the
decision of the superior court.
Former Sheriff Stuckey.sought iegaI
advice. and was told to proceed forth
with TO collect the taxes, which con Id,
of course, be returned to the bank II
the decision of the supreme court was
in the favor of that institution. In
company with Sheriff Gardner MIR.
Stuckay proceeded to the bank and
stated his errand. Mr.. Hill asked
that action be postponed until the
arrival of Mr.. Emmert, in the mean
time declining tnaccedeIto the request
for payment. Mr.. Emmert was hasti-
former Sheriff Stuckey saw thew had
in the meantime been invited back of
the railing. and when the president of
the bank arrived on the scene he
found the two officers ensconced in
alarming juxtaposition to the piles of
coin and greenbacks inside the en-
closure.
Mr.. Emmert declined to pay the
taxes, and the former sheriff then
stated that he would collect by force,
ii necessary. Both the president and
cashier opposed this move, and they
were IN turn showed to one side by
the husky ex-sheriff in the slight
scuffle that ensued. Mr.. Emmert
again planted himself before the cash,
and thus prevented Mr.. Stuckey from
actually collecting the money he al
leRes is due. 1t is not believed the
former sheriff really intended to col
lect the money by force, as he is a
powerful man and could have easily
handled both the bank officers, and
In the armstice which followed, he
and Mr.. Emmert agreed to suspend
hostilities until Monday morning.
On Saturday evening Mr.. EInn.ert
boarded train for Clarksburg, where
he laid the case before Judge Nathan
Golf. of the federal court and secured
temporary injunction restraining
Mr.. Stucky from any further effort to
collect the money until after the feder-
al judge has an opportunity TO hear
the case, on November 6.
The supreme court of the State was
to have decided the case last Wednes-
day. and it is believed the incident of
Saturday may hasten their action. In
the meantime the victory remains
with the bank, although Mr.. Stuckey
is confident that he will ultimately
get the money. The outcome will be
watched with great deal of interest.