The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-05-07
LICENSE OR TO JAIL
RECORDER MYRICK SAYS MONEY
BROKERS MUST PAY.
FOUND FRANKLIN GUILTY,
"HE ENORMOUSLY DEVISED 4
TECHNICAL SCHEME"

taxable Language in Passing
Judgment-The Case VIII BE TAX
en- to the supreme Court and the
Fine Imposed in Police Court Has
Not Been Paid-AIderman Robert
l.. CoIding's Unpleasant Position.
what the Evidence AT Franklin'S
showed-WOman who Testified
That she Has Been Paying Inter
est weekly since Christmas, but Is
still in Debt-Defendant Denies
That He Lends Money on Personal
Property-Special Tax on Money
Brokers Is $3.50.
Recorder Myrick has ruled that II. B.
Franklin has been doing business as
money broker without having taken out
the. special license required by the city,
and at yesterday mornings session of Po-
lice Court he announced his decision. The
fine has not yet been paid and a spirited
fight is promised.
Mr. Robert L. Colding stated that the
case will undoubtedly be taken to the
highest court in the state. Mr. Coding
finds himself in a most embarrassing po-
sition, and says that until he decides just
W0dI Is the proper LIlilS lOi INN W w
under the circumstances he will not an
nomce his position. He says that before
he was a member of City Council he was
in the employ of Franklin and has been
paid a yearly retainer. He declares that
he is perfectly sincere when he AYERS
that his client is not amendable for the
special tax. He does not think that it
would have been proper to abandon his
client at a time when his services were
required
Mr.. Colding says that the question on
his mind is whether he would be doing
the proper thing to fight the case him
self in the higher courts, even though he
is sincere in his opinion that the tax
ordinance does not cover the business
done by Franklin. in the manner ruled by
Recorder Myrick. Mr.. Colding says that
he is confident that the Supreme Court
will reverse the lower court and that the
matter WIN certainly be taken up. II he
besides after reflection that 1t is not
proper to continue the fight he will OBJ
tain the services of a brother attorney.
Deputy City Marshal j. Robert Dreamer
has been tireless in obtaining evidence
against those money brokers who did not
take out the required license. The JEFF
fcrson Loan and Banking Company was
one of. the concerns on the docket and
was required to take out a license The
Franklin concern is the second held for
the license by the recorder Similar cases
were made against Frank Van Giesen and
NJ D.. Hirseh, but were withdrawn, with
instructions that the cases be redocketed
If Deputy Creamer is able to obtain ev-
idence to convict
The. records in the Franklin case are
interesting as is the decision of Recorder
Myrick. in. view Of the many things that
have been said and written about money
brokers
The case first came on for hearing
on April g. but was continued until April
60 10 order that certain documents might
be produced in court; at which time a
final hearing was had.
Franklin of his own motion, produced
in court a paper signed by w. G. Clark.
headed Application for loan" with list
of what appeared to be household goods
attached. The signature of Clark 10 this
instrument was admitted by Franklin
and 1t was further admitted that Clark
had furnished the list on which appeared
a statement of certain personal property
belonging to him Clark testified that he
had signed the instrument and had re-
ceiVed. ten dollars as a loan from Frank
lin on which he had been paying inter
est each week. since that time That
when list of his personal property was
furnished by him, and was not placed in
the application for loan" after the
".
he questioned the party from whom he OBJ
tained the loan at Franklins place of
business, as to why this list was not put
in the body OF the instrument in the blank
space. and that he was told that this
would not be done unless a levy was 10
be made.
Franklin also produced of his own mo-
ton certain paper signed by Francis
Jones and headed Application for loan q"
with list attached of what appeared to
be household furniture
II was further admitted that Jones had
furnished list attached to this instru-
ment' on which hst appeared statement
OF personal property belonging to him
Francis Jones testified that she had Dor
rowed some money from Franklin not
long ago, and had put her mark to the
instrument. That she. was all the time
paying interest on the money she Dor
rowed from Franklin. and she was never
able to get through paying That she
would be told that her furniture would be
taken unless interest was paid and that
she knew that they would certainly take
it. That she also borrowed some money
from Franklin just before Christmas on
which she was still paying interest and
that she had never been able to pay the
amount back which she had borrowed
Franklin stated that he had produced
in court all the papers that he had rela-
'
with w. G. Clark, Francis Jones and
Maria Smith. That no other papers had
been signed by these parties but those
which he had produced. That he did not
tell Clark that the list OF household goods
would be placed in the body of the
application for loan" when levy was 10
be made That he had taken no liens
whatever on personal property during the
present year That he had not threatened
Francis Jones about paying her
debt and the interest thereon.
and that he had not told
her that he would take her furniture un-
less she paid up promptly. That, as a
matter of fact, during the year 1902 he
had not levied upon anybodys furniture
and had not taken any furniture by le-
gal process OF otherwise. That he was
not lending money on personal property
This was the case as presented
In delivering his opinion. Recorder NY
rick said The question as to whether
or not Franklin has violated the tax ord
nance heretofore set out in the state
ment of facts of this case. depends en-
tirely upon the construction placed upon
the words lending money on personal
property" OF the ordinance II the
meaning OF the ordinance Is that i'm order
70 constitute the business of lending
money on personal property" a lien must
be created upon personal property by the