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Washington, District Of Columbia
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District Attorney Birney and his brother T. W. Birney argue the Burgdorf tax cases before the Court of Appeals, citing authorities to challenge excess advertising charges and the lack of a statutory lien on property, affecting nearly $200,000 in district taxes.
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Argued by the Messrs. Birney Before the Court of Appeals.
District Attorney Birney and his brother, T. W. Birney, this morning argued before the Court of Appeals the Burgdorf tax cases.
Mr. T. W. Birney spoke first. He cited a Pennsylvania case to show that a charge in excess of the cost of advertising is illegal and vitiates the whole proceeding to collect the tax.
Further he said unless the statute specifically makes the tax a lien on property it is not to be held to be such lien. He cited Judge Cooley and other authorities in support of this view.
The District law which the Commissioners seek to enforce against Mr. Burgdorf, he said, failed to make the tax a lien.
The argument occupied most of the day.
The cases now considered involve several thousand dollars, and they form a test upon which the District's possession of nearly $200,000 of taxes depend.
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Court Of Appeals
Event Date
This Morning
Story Details
T. W. Birney argues that excess advertising charges invalidate tax collection proceedings and that the district law fails to create a lien on property for taxes, citing Pennsylvania case and authorities like Judge Cooley; cases involve thousands of dollars and test $200,000 in district taxes.