Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-01-27
ATTORNEY NOLL REPLIES.
Tells Why Whisky Was Assessed
at Low Figure.
WAS ON ADVICE OF Mr.. DILLON
First Time Product of Distiilery
Had Been Taxed Here States
Interest Protected.
WAS ON ADVICE OF Mr.. DILLON


Interest Protected.
Martinsbure. Jan. "a.
To rhe. Editor of The Evening World.
Dear Sir-My attention has been
called to a communication In your
paper under date January % and
signed TAX Payer 1t appears Mr..
TAX Payer is aggrieved over the
low assessment placed by Mr.. Ellis,
the assessor for the first district, on
the whiskey stored in the bonded
warehouses of the Hannis Distilling
Go. located in this county. He seems
to be further aggrieved because the
prosecuting attorney was not present
defending the interests of the people
in the matter of a petition filed on be-
half of the Hannis Distilling Co to
correct an erroneous assessment.
am satisfied Mr.. Tax Payer has
not read the record in the case 1t is
true the whiskey in bond in the pos
session of the Hannis Distiiling 90,
some $4,000 barrels was assessed ut IS
per barrel, or $240 900. This appears
to be a very low assessment, but it
must be remembered the government
tax, amounting to 81. 10 per gallon, is
the chief item of expense in the
manufacture of whiskey, and this tax
is not paid until the whiskey is taken
out of bond to be shipped to the
buyer. MI. Ellis, In making the as.
sessment. did not trust to his own
judgement, but asked advice from the
state..ts.x commissioner of the state of
Maryland. and upon the advice of the
state tax commissioner of West Vir-
gipia. the assessment was made at the
same per barrel in this state as 1t now
is in the state of Maryland. An of
these matters and the reasons there
for are fully set out in the dispositions
and the letters above referred to and
on file with the papers in the case,
where they may be seen by any per-
ION desiring to read them.
Mr.. Tax Payer must remernbel
this is the first time in the history of
the county this property has been re-
urned for taxation. The assessor, we
nave no doubt, felt it would be better
to start in moderation and determine
irst the right 10 tax il before he an
iertook to put fanciful valuatiou
on it, He appears to have acted rEnd !
he direction of the state tax commits
sioner in fixing the valuation, and the
prosecuting attorney was not disposed
then, and is not disp sed now. to'jnter-
fere with hirnliE the discharge of his
iuties, even If he had the right to do
80,
The prosecuting attorney was pre-
ent defending the interests 81 the
,eople in this matter. He was
court when the Hannis bistilling Co
presented itspetition for the correc
ion Of an erroneous assessment at
his instance and request ,salI the .eyi>
tenee was reduced to.SVitls-scdnd all
he correspondence .0f Mr.. Ellis with
be stat-|r6T commissioner and the
.,sftrals of the Hannis DistilIing Go
was filed with the papers in the case.
tie was present and argued the cas-,
before the court, was alse present
when the court decided 1t aHd finally
wrote the order disunissing the petit
ton and sustaining the assessment.
he took every precaution to have tn.
record full and complete just Tor the
penefit ofsueh persons as Mr. "raA
Payer. We have no doubt Thu
citizen has lived in the county fof
years and permitted the assessor 4acl
year, pass this property withou,
returning IL for taxation, and has ilol
once raised his voice In protest, and
ct, when the officers do attempt /.
10 their duty. he must take occasion
70 cast insinuafing slurs at them
The president OF the county court
was not present when the case was
heard and determined, and took no
part whatever in the trial, except as
witness. The record shows that on
his osn motion he was excused from
sitting with the court. The case was
tried, and the court promptly decided
against his interests, and we presume
Mr. TAX Payer ought to he salts
fled from this that the court was not
actuated by any improper motives.
Who is this Dir. "Tax Payer. why
don't he sign his real name 50 we
may know who he is and Judge his
motive? He is surely not ashamed to
come out and discuss this matter over
his signature. We invite him to read
the record In this case AMI we feel he