Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1907-01-05
VHOGET1HER|FF'
Tort to Determine. Who &c the
j Discount on Taxes.
EST CASE WILL BE MADE SOON
ak Commissions Dillon Will Find
Out About Discount Period as
Fixed -ny the Law.

\ Charleston, Dec. 22.-Who gets the
L. per cert discount on taxes paid
luring the first part of the fiscal year
be the county court? This is the cues
lion the circuit court viii have to de-
eide when she Kanawha coanty court
commissioners appear before Judge >.
XC. Burdatte in answer TO the writ of
certferali asked for by Tax Commits
nioner Dillon.
According to their Interpretation OF
DE law, the president and members
of the Kanawha county court have
turned over to Sheriff Melton $71754,
the discount on taxes collected by the
sheriff up to November 80, 1905, hut
witch the tax commissioner believes
rfshtfully belongs " the TAXPAYERS
WHO pay during the eaYly part of the
year.
The questi0a is enc witch has been
the subject of mach IL seussion and
the case viii be watched with intense
interest by attorneys end ccoanty Of
u
.%eounty court has the night togconstrue
the law as TO the commission ii pays
! its sheriff has aever been questioned
and brought into court off law, and
| this is the fire. time in the history OF
| the state that a writ Of csrtiorari has
been issued 90 a oesJuaty' court into Il
higher tribunal to have its decisiGne
in regard TO fine -st%iiffs fees question
ed.
Dansel Afatthese5 was appointed by
/ the KanawiGa county cosrrt and Murray
Briggs by the Circuit court commits
sioners to report for sh4 rejectieB cor
he ratification sof the report of THE
Sheriff, whose serm '0f office began
january, 1906. These commissioners
allowed the sheriff fsor s4,N6z4Z.. 5
per sent. commissions collected, aand
$717.54 fer the fiscal year ending June
/, the amountaof discount the petition.
ers claim sho1dd bes given To the tax
! payers who paid their taxes anrifrs the
months sDf Ocsober.and November.
The report was accepted 1p the
county ecourt afterilits ratifiratimn by
Commissioners Brsggs ard Matthews,
then Messrs- Avis and DilaNm naide a
motion not o. all0V the Discount TT his
does not include the , IL per cent.
rebate of those who pay taxes rat the
irst df the fiscal year. This Iraotion
was overrlited. A1motioR TO have the
4 interest on ulncolfected taxes paid into
the county funds instead Gff IT, the
sherfn was ralso sverrulsd-
The bill alleges that aaae eoounty
court committed the fOiBNw ing eerrors
in making the settlement with the sher-
iff:
l. In 'overruHpg the pe111lunetss mo-
ton no not allow the sheriff S717.54.
the Emouut of Discount aEkowsS tax
payers who paid taxes froan November
80, 1906.
2. I'm Mut compelling the sheriff to
account separately for taxes collected
during the disomnt months of '0cto-
Der and November, and the months of
DoSot@oSl 'tt1lu J@uudIy- ono IN HhOW-
ing to the sheriff 5 per cent en- baxes
collected during rLhe discount months
instead OF 2 1.2 P@rccent-, 1he amnunt
prSxidsaa by law.
3. In refIH ing q Compel the sheriff
to accOHnt fsr the interest collected
oon taxes due and not paid until after
january, 1905.
IL will be rmade test case aEsd CIR
ruled to the supreme court.