The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-01
TO GO TO THE SUPREME COURT
AN APPEAL FROM JUDGE sPEER's
DECREE AGAINST THE CENTRAL.

DECREE AGAINST THE CENTRAL.
Holding the Road Liable for Taxes
in the Counties and Cities Through
which It Runs Between Savannah
and Macon Under the Acts OF the
General Assembly of 1850 and 1890.
It Is Held That fhe Central Was Not
Specifically Mentioned in These
Acts, and That to Tax Its Property
Would Be Violation of Contract
such rs Is Prohibited by the Con-
stitutiOn of the United States.
The decree of Judge Speer in line with
his decision, requiring the Central railroad
between Savannah and Macon to pay
taxes in the counties and cities through
which it passes, as provided under the acts
Of the general assembly of 1889 and 1890,
together with the necessary papers for
an appeal from his decision to the SUI
preme court of the United States. was
filed in the clerks office yesterday.
The hearing which was had at the April
term Of the United States court last year
came up on an Intervention filed by Con-
troller General William \ Wright.
asking that the Central be re-
quired to pay taxes in these
counties and municipalities under these
statutes. Judge Speer rendered his de-
cision in the matter last December, and
yesterday the decree requiring Receiver
Conner and Hayes to pay these taxes out
Of any funds in their hands for 1891, and
q
time, under these statutes, was signed.
The decree requires the payment of
taxes on the real and personal property
of the Central Railroad and Banking
Company in all the counties and cities in
which it has any property between Savan-
nah and Macon. from the time the stat
utes were enacted up to the time of the
granting of the decree, and all other taxes
under the statutes that will accrue up to
the time that the litigation is finally de-
termined, with interest at per cent.
Messrs. Lawton & Cunningham. Julian
T. Davies and Denmark & Adams re-
presenting the receivers. took exception to
the decree, and have appealed the ques-
lions at issue to the supreme court of the
United States. As the property is in the
hands Of the court whereby the inter-
venor. the controller general is fully pro-
/ tected they asked to be allowed to appeal
without being required 70 give a superse-
/ IDEAS bond, which was allowed by Judge
/ Speer.
In their assignment of error the re-
/ ceivers through their attorneys hold that
the judgment and decree are erroneous
/ because the court decided that the Cen
trail should pay taxes for 1891, and for all
D f,ft dapraa n
/ the counties and cities through which
the road runs between Savannah and
( Macon, under the acts Of oct. is, 1883 and
/ Dec. "a, 1890
This they claim is not equitable because
/ these statutes did not authorize any taxes
. TO be assessed against the Central Rail-
road and Banking Company held under its
( charter between Macon and Savannah,
and any taxation OF the properties in
| question under these acts would be vio-
/ lation of paragraph !, section 10 of article
/ !. of the constitution of the United States
prohibiting a state from passing a law
/ impairing the obligation of contracts, the
+ CentraTs charter being held to be a con-
tract between the road and the state ex-
I empting it to a certain extent from tax
alton such az is contemplated in these acts.
They hold too, that any such taxation
would be a violation of the intent and
purpose of the act of the legislature APP
proved Dec. a. 1885, which specifically
provides to what extent it's properties be-
tween Macon and Savannah shall be taxed.
This act provides that the Central shall
not be subject to taxation beyond one-half
of one per cent. on it's annual net in
Z come.
Judge Speer has ordered that a copy of
the record be transmitted to the United
[ States supreme court and issued a cita-
ton to Controller General Wright TO APP
pear at the term of the supreme court TO
be held on the second Monday in Oc-
tober, which is Oct. II, 1895, to show cause
why the order and decree passed by
himself on the circuit court should not
be corrected. and speedy justice done to
the defendant the Central Railroad and
Banking Company.