The Bourbon news., 1913-08-29
SUIT Is THROWN
OUT OF COURT
First of Tax Actions By Reve-
nue. Agent to Be Decided.
BURLEY SOCIETY WINS
Similar Claims To Be Heard In
Forty-four Counties.
LISTING DUTY OF OWNER
Enormous Sum Represented By
Taxes and Fees Sought.
RUINOUS COURSE DEPLORED
LISTING DUTY OF OWNER
Enormous Sum Represented By
Taxes and Fees Sought.
RUINOUS COURSE DEPLORED

LEAlNGION, Ky. - upon the
ground that proof presented failed to
show that property rightfully taxable
had not been listed or that any prop
erty at issue had been omitted from
assessment, the proceeding of John
Howard, revenue agent for the State
at large, against the Burley Tobacco
Company, in which recovery of sixty
thousand dollars in taxes and twelve
thousand dollars in fees was sought,
was thrown out of court This was
the first of forty-1ve similar suits
brought by the Revenue Agent in Ken
lucky to be heard.
The laconic announcement of Judge
J. Percy Scott: 81 have heard plenty
read and plenty said; this case is dis
missed" which answered a sugges-
tion from counsel for the plaintiff that
he give careful reading to cases that
that been cited and also decided
notable cause, put too great a strain
upon the feelings of those who had
watched the course of the hearing for
two days, and the county court room
resounded with applause.
Dismissed on Motion.
The decision was predicted on a
motion to dismiss which was made by
Judge O'Rear when the case for the
plaintiff had been rested shortly after
noon, and obviated the taking of a
mass of testimony represented in 200
witnesses called for the defense. Be-
ginning Immediately after court re-
convened, argument Of attorneys on
the motion continued until almost 5
o'clock, and the case was presented
with the same thoroUghness and upon
the same merits as though it had run
the full course of testimony.
Responsibility With Grower.
Involved in the outcome was the
pleading that responsibility for listing
the property in question reposed with
the grower, and that the Society, as
selling agent, was not liable for the
taxes, this contention being abundant
ly supported by decisions of the Court
of Appeals submitted to the court. 1t
was shown conclusively also that the
law required that the property be as
sessed at the residence of the real and
beneficial owner.
Victory is Important.
The victory of the society was re-
garded as of large moment in that the
case Tue pO-
sition of keystone in the series of suits.
The tobacco of numerous other coun-
ties was delivered here for sale and
tommingled with local crops; also this
Is the home Office of the Burley To-
bacco Society and the Burley Tobacco
Company Lively interest in the action
was evinced by business men and bank
ers of Lexington as well as host Of
growers, and a number of those who
applauded the decision had partici-
pated in the meeting of the CONNER
cial Club when the course of the Rev
enue Agent was deplored and the drag
net suits he had brought were branded
as unnecessary and hurtful. jeopardtz-
Ing the tobacco interests of the State.
Litigation HurtfuI.
tt was conceded that in this action,
the first to be tried, the Revenue Agent
would bring his most effective re-
sources to bear, and it was predicted
that the result would have important
bearing upon other suits. The litiga-
ton has tied UP three hundred and
sixty thousand dollars in the hands OF
the organization, and growers will ac-
claim final removal of this embargo
when the last of the cases has been
disposed of.
Taxes claimed in the forty-fiVe suits
aggregate $972, 2,530S5, and in addition
the fees anticipated by the Revenue
Agent and his attorneys reach the
enormous sum of $176,745.15, making
q grand total of 81, ,149,276-
Claims BY Counties.
In each of the suits the allegation
Is made that tobacco in the pools OF
1906, 1907 and 1909 and proceeds were
omitted from taxation for the years
1907 to 1911, inclusive. The tax and
penalty claimed in each county fol
low: Adair, $375, SIS; Anderson
s7,400, s1,4SO; Barren. s4.5SO, 1904;
Boyle, $500, $50; Boone, $16,6O0
1890; Bourbon, s17,600. $4,000
Bracken, SAC, $50, 1920; Breckenridge
$500, $3.50; Carroll $21.15O, $4.23O
Casey, $500, 500; Clark, $17.600
$500; Fayette 100000, $4,000; Flem
ing, $33,65O, $3.50; Franklin, $25.S5
s6.15: Gallatin, s12,25o, $2.260; Grant
$2s,55O, $3.50; Green. $1,000: $500
Hardin, $3.50, $3.50; Harrison, $4S.S0O
$3.50; Hart, s12, 800; $3.50; Henry
s14,500, $4,000; Jefferson, $3.50. .s16
s52,lSS; Jessamine, $3.50, H,570
Kenton, $3.50. s1,2so; Larue, 1880
s372: Laurel, $3.50, $50; Lewis, $s4, ,ooo
$3.50; Lincoln, SIS, "a; Madison
$1,000. $500: Mason, $so,5oO, $12.l00
Meade, $3.50, $50; Mercer, 3s,S5e
s1,S70; Metcalfe, $3.50, $7e2; Mont
gomery, s1I, $50, s17 ESQ: Nelson, 81, zoe
$40; Nicholas, $23,60o, $4,720; Olo
ham, $1,000, $240; Owen, $4,000
$7,400; Pendleton, $15,20O, $3,40O
Robertson, s6,250, $3.50; Scott. S43
600, $500; Spencer, $3.50, sl,7SV
Trfmhle. s12. 100. 262o: Washington