The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-02-10
To
A. I. Merrill. J

Gentlemen -
You have caused suit to be .brough,
against this company, charging that the
company in each OF the years, lSo4 70
1910, inclusive, cheated and defrauded
the town of Brattleboro in the matter Of
| the payment OF its taxes, in the total sun
| of $4,000. The suit is i'll seven counts
one for each year. During all the period
in question up to June IA, 1909, and cover
ing every tax period except the year 1910
| the company was controlled by James f.
Hooker, c. D. Whitaker and w. II. Corser
who owned three-fourths OF its capital
stock. and comprised three-fourths of Its
board of directors, Mr.. Proctor being a
director and owning one-fourth of the stock
The president was Mr.. Hooker; the treas
urer was Mr. Corser, Mr. Corser signed
and swore to every tax inventory that
was filed for every one of the years
1904, 1905, 1906, 1907 and 1908 the com
PAW did pay very small tax; for the
year 1909 it paid on large sum, S6o,OUt
to $4,000 Whatever gain there came T.
the company for the years 1904 to 1905
inclusive by reason of the small tax the
company paid, went in dividends to the
owners of the stock, and of that, Messrs
Hooker, Corser and Whitaker got three
fourths, and Mr.. Proctor one-fourth.
So far as the merits of this suit are con
cerned, it is evident that it is to be di
vided into two parts. >,
First. Those counts which relate to the
years when Messrs. Hooker, Corser and
Whitaker were in control and when Mr.
Proctor owned the minority interest
Those are the years 1904 to 1909, inclus
i've. ;,
Second. The count in the suit for the
wear 1910, which year was under the pres
ent management Of the company, and for
which the present officers are fully re-
sponsible.
As to the second period above referred
to, that is, the year 1910, the present
owners and officers of the company take
full responsibility. The company paid
such tax as it did with the full knowledge
and authority of the directors, and the com
pany under its present management does
not ask any consideration of the town
in regard to it. If the present officers Of
the company have cheated and defrauded
the town for the tax Of 1910, as, charged
by the selectmen, the company should be
held to full account for it.
The company meets that issue squarely
It will interpose no dilatory tactics nor
technical defences. 1t says that the charge
is maliciously false and that the selectmen
knew it was false. The records in the
town clerks Office show it to be false. The
company paid tax sufficient to cover all
the property for which it was legally liable
to pay a tax for the year 1910. It denies
the charge that is made regarding that year,
and will undertake to make the selectmen
prove it or suffer the consequences.
The company has under its present man
agement undertaken to be-. and always
will undertake to be, law abiding 1t has
paid all lawful taxes in full and will con
tinue to do So 1t regrets that this ma,
licious charge has been made, but, it will
undertake to defend itself. The selectme1
charge that the company IN l9lO paid
taxes on only 5000. The records of the
listers and the collector OF taxes show
that it paid taxes on S53,4O0; and Its
books show that that is the full amount,
at fair valuation. of all the lawful tax,
able property which. the company owned
in Vermont on April l, 1910.
We demand of you thai, you at once re.
tract the charge made in the seventh count
as to the tax for 1910, and if you fail to dc
so, we shall hold you personally respon'
sible for the libel which that count con
tains, and prosecution OF that count which
is malicious.
AS to the years 1904 to 1909, inclusive
the company charges that the suit Is
brought at the instigation Of Messrs. Hook
er, Corser and Whitaker and their counsel
out of spite. If the selectmen really de
termined upon enforcing the law they
would cause the prosecution OF MIR. Corser
for perjury, for he signed and swore to each
inventory Of those years OF which they