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11 <br /> <br />"AN ORDINANOE DEFINING ARDENT SPIRITS AND DRUNKENNESS, PROHIBITING THE <br />DRINKING OF ARDENT SPIRITS IN PUBLIa PLACES, DRUNKENNESS, AND THE OPERA- <br />TION OF AUTOMOBILES, GARB, TP~aKS, MOTOROYGLES, ENGINES, AND TRAINS, WHILE <br />INTOXIGATED~ PROVIDING PENALTIES THEREFOR AND TAXING COSTS UPON aONVIOTION. <br /> <br />On motion of Mr. <br /> <br />Ayes - B~ooks, <br /> <br />Nays. - None. <br /> <br />Moore, the ordinance .was adopted, and by the following vote: <br />Fox, Hutchins, Mayo, Moore, Oast, Ogg - ?. <br /> <br /> The following communication from the City Manager, laid on the table until this <br />meeting, was taken up and read: <br /> <br /> "In checking the Oity Collector's office, preparatory to the starting of ~r. AcE. <br /> Parker as Oity Ootlector, the 0ity Auditor finds, according to the records in the Collector, s <br /> office, that several taxpayers were permitted to pay their 1932 taxes after December 7th, <br /> 1932 without paying the interest and oenalty prescribed by law on taxes that are not paid by <br /> December 1st. me also find that severe! taxpayers paid some of their 1931 taxes during the <br /> year 1932, some as late as November, 1932, without paying the penalty and interest prescribed <br /> by law for not paying the taxes when due. <br /> A check of the records in the Collector's office shows that the 1932 collections <br />included collections made on 19~1 taxes in the amount of $3,217.O9 on which no penalties or <br />interest were aoparently collected. The-penalty and interest on these taxes would amount to <br />approximately $~38.00.~ The check further shows that from December 7th,.l~32 through January <br />2~th, 1933 that 1932 taxes were collected in the amount of $16,16t.86 wzthout the penalty and <br />interest due thereon bein~ collected. The penalty on these taxes would amount to approximate- <br />ly $850.00. It is possible that some of the COllections from December ?th, 1932 through Dec- <br />ember 15th, 1932 included some payments which were in the Oollector, s office prior to that <br />time but which they were unable to record when received due-to the large volume of work. About <br />December 15th, Miss Huteheson informed me that she had cleared all checks that .had been re- <br />celived on and prior to December 1st. Therefore, all collections after December 15th should <br />ha~e included the penalties and interest due. <br /> We were unable to check the coIlections made during the years 1930 and t931 to <br />determine if any collections were made during these years without collecting the penalty and <br />in~erest due, for the reason that the records or duplicate tax tickets on which information <br />is shown as to penalty and interest collected, were burned on instructions of the City Collec- <br />tor, Miss Edna E. Hutc~heson. Mr. X.D. Murden, an employee of this office, advised me that he <br />supervised the b-~ning of these records about January 1st, 1933, on instructions from Miss Hut- <br />chosen. <br /> I am instructing the 0ity Oollector in writing, that effective at once, no records <br />from the Oolleotor's office are to be 'destroyed without my written authority and that all nen- <br />alties and interest due on taxes according to law, are-to be Collected. I asked Miss Hutc~eson <br />shO~tl~ after O~tcber 1st, 193~, to see that e~eryone was treated fairly and given the s~me <br />sidera~on. The duplicate tax tmckets, or record of collections made during 1932 and J~nuary, <br />~933, on which penalties and interest were apparently not collected,~ are availabie and I r~com- <br />mend that these tickets be turned over to the City Attorney with instructions that the penalty <br />an~ interest due be collected, if collectible according to law." <br /> <br /> On motion, the privilege of the. floor was granted to Miss Hutcheson and to her <br />attorney, Captain J.W. Happer. <br /> <br /> Miss Hutcheson read the following statement and aaptain H~oper spoke in regard <br />to same~ <br /> <br />"Hon. City 0ouncil, <br /> <br /> Gentlemen: <br /> Allow me to express my gratitude to this body for the privilege of appearing be- <br />fore youtonight in public session. <br /> Being an appe.intee of the City Council, the Oollector is a creature of that body <br />and accountable ~o it. Being a~.pubiic official, the Collector i's a representative of the ci~ <br />tizens of Portsmouth and accountable to them. <br /> Certain charges have been brought against me by the present Oity .Manager- charges <br />which are misleading to an uninformed public to say the least. <br /> I am here to answer these charges. To say.that I have done nothing during my term <br />of office as a public official of which I ~m ~sh~med; nothing for whi0h I can not give a rea- <br />Son. <br /> Directly following my appointment as City Oollector, I took the oath of office, <br />pledging tc carry out the duties of that Office to the best of my ability. This I have done. <br /> Mr. Anderson in his letter to you alleges that I have accepted-payment of taxes <br />after the all eted ~me, without the penalty prescribed by Oity Ordinance. This charge I do <br />not deny. But I~ wish to make this statement. That never at any time has any taxpayer been re- <br />lieved of any legal penalty without what in my judgment was a sufficient reason for the relief. <br />May I give you some of them here. <br /> 0ity taxes are due Nov. 1st of each year, penalty of 5% is added Dee. 1st and in- <br />terest at the rate of ~ begins Jan. 1st. At the time the new Oity maps were made, delinquent <br />taxes were found on ma~y otherwise ~aid~up accounts for back years in other names. The Ool- <br />le~te~ was authorized to relieve penalty and interest within her judgment. The Auditor will <br />tell you that every aouncil in his experience has permitted a Oollector to make reasonable <br />penalty reliefs within his own discretion. <br /> I understand that Mr. Anderson has chosen as his material against me before you, <br />stubs having dates i~om Dec. ?th to Jan. 24th. ~Some of you gentlemen a re familiar with the <br /> <br /> <br />