The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-04-14
Call Begins April 23 and Ends the
26th-Some Causes of Vast
Importance.
TEST OF FRANCHISE TAX LAWS.
Western Union Telegraph Com
pany Will Argue That State
Has No Right to Impose
Such a Tax.


EtITELIC SPECIAL.
Jefferson City. April 1s.-The~ lonsexpectet
order fixing the date for the hearing of tn.
court in banc docket at the April term wa,
made by the Supreme Court Friday. The
call begins on Tuesday. April %, 1901, ani
lasts four days. ending on Friday. the 2Stf
inst. Twenty cases are set for hearing, ant
among them are some of vast public impor
lance.
The case Of State ex information Attorney
General vs.. the Continental Tobacco Com
pany. the proceeding to GUST the Tobacco
Trust for doing business in violation OF the
antitrust laws of Missouri. will come UP for
hearing on the first day Of the call, the
I'D inst.
This proceeding has been pending for more
than a year. and a large amount Of testi.
mony has been taken on both sides. Messrs
Boyle, Priest & Lehman and Martin l.
Clardy are defending the trust. while the
Attorney General and his assistant, Sam B.
J%effries. are representing the prosecution.
In the cases of Crawford VS.. Chicago
Rock Island and Pacific Railway, Russell
vs. Croy and Holmes VS.. Croy, all from
Buchanan County, the validity Of the con-
stitutional amendment adopted at the last
general election providing that three
! fourths OF a jury concurring may render a
| verdict Is involved.
In the motion for new trial in this case,
bringing up the question for review. it Is
urged that the amendment was Illegally
adopted because there are two separate
amendments submitted together in the bal
lot as voted for by the people,"
This case is set for April Is and will
probably be argued at length, In order that
the court may be able to authoritatively
and finally determine the validity or in
validity of the amendment.
Franchise TaxatiOn Test Case.
In the case Of State VS.. Kyle and State VS..
Parks, from Moniteau County. which are
set for the 26th inst, another of the late
constitutional amendments. involving the
right Of the Prosecuting Attorney to file in
formations. is to be determined.
A case Of wide interest and far-reaching
Importance is that of State ex rel. GOttlieb.
Collector Of Jackson County, VS.. the West
ern Union Telegraph Company. The con-
trolling question in this case is whether
able under the law as 1t stood prior to the
recent franchise law, the attorney for the
company contending that inasmuch as it de-
that its right to place its poles and wires
on and along the postal roads of the United
States in this State and conduct Its bust
Government and is a Government agency
under the act Of Congress, the State
cannot therefore. impose a tax upon the
Judge Henry, on the Circuit bench, held
that the company's franchise was not tax
able. The question is very important. for
It is plain that the reason of the decision.
II Judge Henry's Jews are sustained, will
apply to the franchise law enacted by the
last Legislature. as the misunderstanding
power Of the State is denied absolutely.
viii iHi Be argue by se E. 'e e. s sns no. Of sas'i LOUIS ans
me Hunter NJ. Meriwether of Kansas City
for the State, while Messrs. Dickson &
Smith Of st. Louis and Messrs. Karnes,
defend thu company.
Corrupt Practice Act Involved.
The case Of State ex inf. Attorney General
VS.. kinkaide involves q construction Of the
corrupt practice act. The proceeding Is one
in the nature Of a quo warranto to GUST
the present County Clerk of Harrison Coun-
ty for a violation Of this act. The imme-
date predecessor Of the present County
identical charge set forth in this petition.
Judge ]. w. Peery Of Albany and ]. G.
Wilson Of Bethany are with the Attorney
General in the prosecution Of the case.
The felIow-servant law enacted in 1897
will be gone over again in the case Of Pow
ell VS. Sherwood, on the oath inst. This will
be the second T,d bearing VaE, OF this ease; About
sion in the case unfolding the law. but a
reheartng was granted and the case will be
reconsidered.
The case Of the National Bank Of Rolla
VS.. Johnson. County Treasurer of Texas
County. Is set for April a.. Frank Parker,
the general solicitor of the Frisco Railway,
Houston will appear for the defense.
This proceeding involves a construction of
the revenue law. which is Of great impor-
lance. It Is q suit by mandamus to compel
plus money in his hands to the payment of
Treasury. Ssse
The question in this case grows out Of q