The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-06
Cspecial to The Messenger.)

Especial to The Messenger)
Raleigh. y. c., September "a dis
pensation is granted for lodge of Ma
sons at Sylvia.
David T. oates. Of Fayetteville, was
today admitted to practice in the fed
eraI courts here
The agricultural department today
received a report from State Veteri-
marian Butler. dated from Roanoke
island. regarding the disease there
among horses. Ee says in all about
twenty cases have occurred in Dare
county, thirteen of these on Roanoke
island. The disease is commonly called
cerebrO spinal meningitis, but is proba-
bly, more accurately described as for
age poisoning, the cause being any
mouldy or decaying grain or hay. All
horses which have died on Roanoke
island have eaten shelled corn of rath-
er poor quality. He is certain the dis
ease may be checked by feeding good
sound corn or oats, good hay and wa
tering with pure water.
The disease is Hyde county, if cor
rectly described. is quite a different
malady from that in Dare. Nearly
all the horses which died in Dare were
kept in stables, none being allowed
any grass. He found no "sneeze weed"
there. Horses in Dare had no fever
and the disease began after mosqui
toes had become much less trouble
some than thy had been previously.
This afternoon the corporation COM
mission was served by the sheriff of
this county with the following paper
from the sheriff of Beaufort, it being
a summons to appear here before
Judge Robinson at Chambers Septem-
Der 23rd:
THAT by virtue of section AZ,
Al, Chapter Z, public laws 1901, the cor
pOratiOn commission is constituted a
board of assessors for railways, tele-
graph. street railways, etc, and is re-
quired by law to assess property of said
companies for taxation: that the de-
PENDANTS as members of said corpora
ton commission have failed and refns-
ed to determine value of and assess
for taxation the intangible property
of said corporations in this state to
Wit: Franchises separated from as
SeSSment of tangible property, as they
are directed to do by sections AZ and
so laws. 1901, and have failed and re-
fused to attempt to make such assess
ment and valuation, and have failed
and refused to determine or to attempt
to determine the market value of the
ness. bonds and other securities of said
companies in their assessment of prop
critic of said companies. That the
plaintiff is Informed and avers the
said corporation commission is in pos
session of reliable evidence to the eff
feet that the market value of the capi-
tai stock, bonds and certificates and
other securities of railway companies
in this state is as much as $3.50, 900 900
The value of the tangible or physical
property of said companies is found by
said commission to be about $42, 900 900.
That assessment of said franchises as
above set out and as law directs would
find value thereof to be approximately
sos. 900 900 which it is the duty of the
said commission to assess for taxation
in addition to their assessment OF said
physical property. That plaintiff is
a citizen and taxpayer of this state
with residence at Washington and IS
also sheriff and is therefore interested
in this action. That he has demanded
of said commissioners that they pro-
ceed to perform duty set out in section
). and that they still refuse to do so
without legal of just excuse
4 Therefore, he prayS that a peremp-
tory writ issue from the court to said
commissioners, commanding them to
proceed without delay to assess and
make due return thereof said franchise
and to perform their official duties as
above set out and so defined in section
80, chapter I. public laws of 1901, and to
perform such other and further duties
as may be necessary to that end.
III. S. WARD,
Attorney for plaintiff
Ward is the senator from Beaufort
county.
W. J. Jackson, who is the plaintiff,
makes affidavit that the foregoing COM
plant is true of his own knowledge ex-
cept as to those facts stated on in
formation and belief. and those he be-
ieves to be true.
Jackson refers to the demands he
has made upon the commissioners. His
letter making those demands" only
came by yesterdays mail. Tangible
and intangible property. including fran
chises of railways was assessed two
years ago. The last legislature provided
for an assessment of the tangible and
intangible property and also of the
franchises, but not until two years
hence, this being by agreement in shape
of q compromise after the railways had
agreed to settle the matter of tax as
sesSment which increased their valua-
ton s10,000,000 and withdraw the cases
from the federal courts. There was ne
written agreement. but the matter was
openly alluded to on the floor or Dotf
houses and was known of all men.
The purpose of this mandamuS is tc
force the commission to make the as
sessment of railway property this year
and thus violate the understanding.
The interesting question may be asked
who really inspired this proceeding. 1r
an address made in July at the meet
ing of the State Bar ASSOCIATION Al
WrightSville one speaker gave the
very figures Sheriff Jackson uses and
made a lot of assertions which Jackson
makes.