The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-14
WARSAW ENJOINED AGAIN.
THIS TINE FROM COLLECTING
TAXES FROM STREET RAILWAY.

Company Asks That the Municipal
Authorities of the Town lie Perm
anentIy EnjOined From Collecting
the Taxes Imposed in Its Ordin-
nnce-The Mayor and Aldermen
Must show Cause in October why
This should Not BE DOne-Taxes
said to BE Illegal and without
Warrant of Lasv-Case on a Parity
with That Between the Company
and the City of Savannah.
The Mayor and aldermen of Warsaw
were temporarily restrained by the Su-
perior Court yesterday from proceeding
with the collection OF the taxes against the
Savannah, Thunderbolt and Isle of Hope
Railway, under the recent taxing ordi-
nance of the town.
The petition filed by the company, after
reciting the facts of it's own and the de-
PENDANTS Incorporation and describing the
manner in which the lines are located,
partially IN The city of Savannah, partial
IS in the town of Warsaw and partially in
the open country. goes on to outline the
complaint.
The company, says the petition, had al
ready made its returns TO the controller
general, in the manner prescribed by law,
for taxes due the state of Georgia, the
county OF Chatham and the city of Sa-
vannah, when the taxing ordinance was
passed by the town of Warsaw. AS the
town had only been granted the power of
taxation by an act of the last legislature,
NJ ha
company had made no returns for taxa
ton by the town up to that time. But
as soon as it was notified of the passage
OF the ordinance it did make returns to
the controller general of the extent and
proportion of it's lines within the corpor
ate limits of the town, so that the taxes
due it might be assessed. levied and col
lected, In accordance with law.
In the ordinance the company is requlr-
ed to pay a specific tax of $500. and a fur
Their tax of SO on each car that is used
on that portion of its tracks entering
Thunderbolt within the year. These taxes,
il is contended in the petition, are wrong
Guf, Illegal and contrary TO law.
The grounds of objection 10 the legality
of the tax are that it is not ad valorem.
not uniform and not assessed in accord
ance with the law regulating the taxation
of railway companies of the state by mu
nicipal corporations. But notwithstanding
the alleged ilfegality of the tax, the cor
porate authorities of the town are pro-
ceeding to collect the amount said and
claimed to be due to them by the seizure
and sale Of the company's property. Should
this be done, the company will suffer ir-
reparable loss and damage
on this ground Judge Fa1igant was ask
ed to restrain temporarily the action of
the Mayor and aldermen of The town in
leVying on and selling the property of the
railway company for the taxes said to be
due and after hearing and consideration to
enjoin such action permanently.
An order was granted restraining the
municipal authorities from levyng on the
properly for the purpose of collecting the
taxes imposed in the ordinance or any
Others until the further order of the court.
The Mayor and aldermen of the town are
instructed and ordered to show cause be-
fore the court, on Oct. %, why the in
junction and restraining order should not
be made permanent
The railway company now stands in the
same relation to the town of Warsaw, in
the matter of taxes, as it does to the fity
of Savannah. Both have passed tax ord
inances practically Identical so far as they
relate to the company, and both have been
enjoined from proceeding with their en-
forcement and the collections of the taxes
so assessed, until the legality of the meth
cd of taxation employed can be inquired
into by the court. 1t is probable that one
case win decide the other, as the points of
law to be determined are Identical and the
objections of the company TO the legality
of the ordinances the same in both cases.
1t has been said, however that the city
and the railway company had a compro-
and that one would be effected. If this be
true it viii leave the town of Warsaw 10
fight its battles, which it seems to be fully
able and is certainly quite willing to 90.