Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-10-12
SUE TO COLLECT TAXES
FROM THOMAS +. Ryan
Action Brought in Circuit Court Of
Nelson County on Behalf
of Taxpayers.
TOTAL SUM OF $3.50 300 SOUGHT
Accounting Demanded From Present
and Former Treasurers, Latter OF
Whom Is Charged With Having
Refused to Perform Official Duty.
tspccialIlst This Tim.s.D,snatch

sLfNCHBURG. VA, October IL
Suit has been Instituted in the Circuit
Court Of Nelson County by Aubrey T.
Strobe, Edward Meeks and Volney T.
Howard. attorneys for II. X. Anderson
and thirtSstwo other taxpayers of Nell
4 son County against John 7. Fitzpatrick
{ treasurer OF Nelson County: the United
{ States Fidelity Company; C. n. Kemp
er,. former treasurer of Nelson County;
the National Surety Company, the
Board of Supervisors of Nelson County
and DR.. w. NJ. Tunstall and Forest
Coffee, members of the Board OF Su-
pervisors, to compel the present treas
urer and the former treasurer of that
county to account for and pay to Nell
son County the sum of S239,250 taxes
alleged to be due the county by
Thomas F. Ryan, the New York hnan-
cfcr, as the result of a compromise
agreement, now pending. in another
suit recently Instituted in the same
court against MIR. Ryan and the au-
thorities of Nelson County.
In this more recent litigation, Judge
B. T. Gordon has granted a temporary
Injunction against the Board of Su-
pervisors OF the county from making
any further settlements or taking any
action or proceeding relieving or tend
ing to relieve John Z. Fitzpatrick,
tho treasurer, from liability for the
taxes alleged to be due by Thomas r
Ryan for the years 1904, 1905. 1906.
1907. 1905. 1909, 1910 and 1911. agErc-
eating s23e,251, to which is TO be
added penalty and interest. The in
junction. unless sooner dissolved, Is to
be effective until the first day of the
November term of the Circuit Court Of
Nelson County.
SUIT INSTITUTED
AGAINST MIR. RYAN
Recently taxpayers Of Nelson County
St tn
require settlement of an amount agreed
upon for back taxes and attacking the
constituUonality of an act of the last
General Assembly of the State, by
which the county was prevented from
making collection of the taxes, the con-
tention being that even IL the act is
held to be valid. Mr.. Ryan Is liable
for the amount under the compromise
agreement. which was entered into by
his attorney, the late J. Tinslcy Cole
man, of this city.
The bill recitcs that c. NJ Kemper
who retired as county treasurer on
December 81, 1915. did not collect the
taxes In 1915. John T. Fitzpatrick
the present treasurer, took charge of
the Office. and in 1916 collected from
Mr.. Ryan State taxes assessed against
him and also the sum of Slo0,l25 COW
ering county and district taxes for the
years 1912, 1919 and ga, but he failed.
Tie OIL reclieS, 10 Cp!!ect the taxes Que
for the years 1st4-l9ll, inclusive, the
whole amount OF which remains unpaid
now.
SAY TREASURER REFUSED
TO PERFORM HIS DUTY
Among the allegations of the bill
are the following:
Your compliments are not advised
OF the reasons prompting the said c.
NJ. kemper, treasurer, to wholly fail
and refuse to perform his duty In re-
spect to the collection OF said taxes
prior to the end OF his term on Deem
Der 81, 1915, as the law required and
rs he should have done. Certainly his
failure was in violation OF his official
sureties upon his official bond are liable
Of said derelict!on of duty.
Your comp!ainants allcge that the
said John Z. Fitzpatrick, treasurer.
has held in his hands the said tax
tickets ever since he took them over
from the hands of c. NJ. Kcmner treas
urer, on or about the first day of
January. 1916. and he still holds them
in his hands uncollected."
The complainants in the suit are:
r. L. Anderson, J. c. Clarkson. IL. f..
Wright, ]. r. Dodd. j. A. stra,,on, p.
F. Randolph, q. w. .fliEgenbotham, j.
II. Light, W. c. Miller. NJ p. Massie,
]. S. Witt. j. d. Dodd, j. ". Harvey,
L. NJ. Higginbotham. G. w. Meeks.
V. @. Hudson. George W. Brent, G.. r.
Higginbo,ham, CraiEhll Hughes. H. Is.
Allen, p. II. Higsinbotham. J. w.
Goodwin. p. p. CAN'T. Jr. NJ. C.. Clark
son, David HigEinbo,ham, c. r. Coax
ley. w. l.. HiGginbotham. s. l.. Carter
r. L. Hight, y. II. Wright. A. T.
Hughes, w. W. Whitehead and G.. H.
4 Parr.