The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-06
THE RAILWAY TAX SUIT.
Chairman McNefII's Reply to Sheriff
Receipts-Book companies not Com
plying with Their ontracts-Amend-
ed Rules of Supreme Court Practice.
Messenger Bureau,

The talk among railway people and
public officials today was largely about
the attempt TO have the railway pro-
perty in the state assessed this year,
when, as well known, 1t was agreed
by the legislature and all concerned
that there should be no assessment un-
til two years hence. 1t was Associate
Justice Walter Clark who, in a speech
before h state bar association, made
the statement that the value of the
railway property in the state was $780,
900. 900.
The papers in the application for the
mandamus to compel the corporation
commission were today served upon
Commissioners Abbott and Rogers.
Yesterday they were served on Chair
man MCNEIL. The latter late last night
replied to Sheriff Jackson, of Washing
ton county. who made the complaint,
that he does not understand that sec
ton 80 Of the machinery act requires
or contemplates a separate assessment
of the tangible and intangible property
OF railways this year. There is no date
mentioned 1T that section whec
the assessment shall be made; the
commission must therefore refer to
other sections of the law to ascertain
the udIe, anu section As likes the UdIc
at such dates as real estate is required
to be assessed for taxation" The tam
gible and Intangible property of rail-
| ways will be assessed separately in 1903,
hat being the date at which real pro-
perty is assessed and the assessment
then made will stand until the next date
at which real property will be assessed,
except in SO far as it Will be modified
by the annual assessment of the rolling
stock of railway companies. The odds
are the marGamus proceedings will
amount to nothing at all.
The state charters the DeSoto Lum-
Der Company, of Asheboro, capital $780,
900; Emory r. Lassiter and others
stockholders. It is given the right to
construct railways, but, under the law,
cannot operate these.
The cotton receipts in his market for
the season ended August 31st were 49,
553 bales, against 1893 the previous
season. The first bale was not receiv-
ed until last Monday, while in 1900 the
first bale was received August 20th.
The report of the board of internal
improvements en- the Atlantic ano
North Carolina railway is not yet ready.
The directors do not meet till the last
week in September.
The penitentlary report will not be
ready until about the end of this
month. Directors Nathan O'Berry and
j. A BrOWn STe IN cndrge Oh the re-
port.
The penlteatiary has contracted to
furnish 200 convictS in October to the
Three C's' railway. The latter want
ed to obtain 6GC-in fact, all it could
get.
In Johnston county court today p.
H. Battle, T. B. Womack and w. N.
Jones made q motion for the removal
of the case OF the American Electric
T~plpnh0np CCmnanV against the Pal
eigh Telephone Company from john
| ston to Wake county. The American
| Company put III the equipment for the
| Raleigh company and the latter claims
it is not up to contract specifications.
The American company at first applied
for a receiver. but this was denied.
A ~22-year-old white man named Gray
burn, was today brought to the peni-
tertiary, for attempted outrage of a
1~0-year-old child, to serve a ten year
sentence. He is half-Witted and it Is
said an appeal will be made for q
| shortage of sentence.
The state superintendent of public
instruction said today: There are
complaints about all the text book COM
| panies, save B. F. Johnston & Co., that
they ave not complied with the law
and their contracts in the establish
ment of repositories. Something must
be done bout this. The law will be
rigidlv enforce1."
Today he new officers of the great
council Of Red Men were installed here,
at the annual meeting place of the or
der, these being Hill E. King, of Raj
eigh, grand Sachem; w. H. Lane, Of
Wilmington, great senior sycamore; l..
t. Buchanan, ofW Washington, great junior
sycamore: Walter L. Liddell, or Char
lotte, great prophet; w. B. Goodwin,
of Elizabeth City, great chief Of records;
T. T. WhitcoTnb, Of Elizabeth City,
great keeper Of wampum. The order
has 1,031 members in the state, a gain
of 500 in a year. This afternoon the
Red Men will give a barbecue and
brunswick stew at the fair grounds.
The supreme court makes the follow
ing amendments to the rules Of prac-
tice:
Rule ,, adds Sharswood's Legal Eth
les to course of study, and requires two
years instead of twelve months.
Rules 5, 6, I, 8 make the necessary
formal changes to conform to the 16
districts.
Rule 60 requires citation of marginal
page in reprinted reports.
Time of Doeketing Appeals+The
amendment requires appeals to be
docketed seven days before the call OF
the district.
Rule % Gas appears in 121 N. c. $3.50
is amended so as to read: The tran
script on appeal shall be printed under
the direction of the clerk Of this court
unless it is printed below in the re-
Quired style and manner II 1t Is
printed here the party sending up the
appeal shall send Herewith a deposit
in cash, for that purpose, to the
clerk of this court, Of 60 cents (Which
includes 10 cents. for the clerk) for each
printed page-said cash deposit to be
estimated at SO cents for each page of
the transcript of the record"
Rule %, Printing Records-(as ap-
pears in CIark's Code, page s24) Is
amended by adding to the end the FOL
lowing: "Th transcript shall be print
ed Immediately after docketing the
same, unless it is sent up ready printed,
and one copy of the printed transcript
Cor the typewriter copies in pauper
appeals, and a copy of each printed
brief shal be- sent to each member OF
the court at least twenty-four hours
before each case is called for argu-
ment."