The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-02-15
PAY TAX, THEN SUE
SAVANNAH PACKING HOUSES WILL
FIGHT THE STATE.
EXECUTIONS WILL BE ISSUED.
FIVE BRANCH HOUSES DOING BUsI-
NESS IN THIS CITY.

Special Tax of 5000 Must BE Paid by
Each-Companies Claim That Log
IsIatIve Act Is UncU nstituttOnaIand
Refuse to Pay, Except Under
Strong PrOtest-Tax Collector in
Fulton County VIII BE Sued for
Recovery of Money Paid Him-This
Case VIII Decide the Question in
the other Counties of the State.
Managers In This city Are Acting
Upon Instructions From Legal
Representatives I'm Atlanta.
Within the next few days executions
against the five packing houses in Sa-
vannah will be issued from the Office of
the tax collector, and the firms that have
registered with the Ordinary will have to
pay the specific tax of $500, required I'M
der a recent act of the Legislature,
The managers of the several houses in
Savannah. acting under instructions from
headquarters. have refused to pay the
tax until they are forced to do so. and
when the executions are satisfied, it will
be under strong protest from the five
managers. 1t is not because
the concerns are without funds
that they are backward in paying the
county money that should have been
forthcoming on Jan. l, but because they
believe that the tax is unconstitutional.
Under a recent act of the Legislature,
the tax on packing houses was raised
from 800 to 800 per annum. This tax
must be paid in every county where the
firms do business. The packing house peo-
pie, however, claim that the $500 pali
in Atlanta should suffice for their branch
houses in the other cities in the state,
and this is where the rub comes.
In Savannah the following packing
houses are registered with Judge Keil-
bach in the Court of Ordinary: Cudahy
Packing Company. A. J. Conroy, man
ager; Nelson Morris Company, c. A Cart
man. manager; Swift & Company c. d.
Mize, manager; Armour Packing Com
pany, John G. Seinheimer, manager;
Schwarzschild & Su,zberger Beef
Company, j. I. Vinson, manag-
er. The managers of the sew
eral concerns have refused to pay
tons will be issued. When this action is
taken by the county authorities, the rep
resentatives of the packing concerns viii
come across and let the courts say
whether they are to get their money back
The packing houses are represented by
Smith, Hammond q Smith, an Atlanta
law firm, and it was decided to pay the
money as required under the act and then
make an effort to recover from the state
in legal process. At first it was intended
to obtain injunctions against the tax col
lectors to prevent the collection of the
taxes in the several counties in which
the houses are doing business. Attorney
General Terrell has been notified by the
attorneys in Atlanta that the money will
be paid, however, and that then the courts
will be asked to declare the legislative act
unconstitutional.
The attorneys for the packing houses
declare that the law is unconstitutional,
and the fight in the courts will be made on
this ground. While ali of the branch
houses will pay the tax on their respective
tax collectors, it will be with the distinct
understanding that they must win a legal
battle before they will be permitted to re-
main in possession of the money.
The Atlanta houses will pay the amount
claimed by the state to A. p. Stewart,
tax collector for Fulton county, and will
then sue him for the recovery of the
money that they pay out. The case win
be carried to the highest court. and upon
the decision in the Atlanta case will de.
pend the action of the tax collectors in
the other counties. If the state wins,
the packing houses will be $500 out in
each county in which they do business.
If the Northern and Western firms win,
then the county officials will refund the
money collected. This is the way the
matter now stands and there will be no
legal fight in this county. The managers
of the Savannah houses have already had
an understanding with the tax officials
here and their actions are governed solely
first, by what the Atlanta attorneys have
TO say on the subject, and then by the
decision of the Supreme Court.
1t has been said in Savannah that If
the packing houses prove their contention
in the court, and have the law declared
unconstitutional. the specific tax law in
Georgia will receive a knockout blow
The action of the court is awaited with
interest.