The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-06-20
Willis Law Test Case
Under Advise ment
.CANTONCORPORAT|ON
Will Receive Discussion Next
Week--Lesai Phases Of the
Question Ably Dis
cussed.
GEO. T. BLAkE E. -
(Staff Corresponuent.)

tSldu SOTTtspOUutllJ
Columbus, June 1S.-The suit
brought by the Southern Gum COM
pany, of Canton, and about fifty other
Stark county corporations to test the
validity of the Willis law, levying a
tax of one-tenth of one per cent on the
paid-up stock of corporations, was
argued in the supreme court Wednes-
day. The plaintiff companies also ask
that secretary of state, L. c. Laylin
be enjoined from turning the tax COL
lected into the state treasury. At
torneys Charles p. Upham and T. T..
McCarty of Canton, appeared for the
corporations, while Attorney General
Sheets, Andrew Squier. of Cleveland,
and John w. Warrington, of Cincin-
natl, represented the state. The at
torneys at all times stuck to the legal
phases of the questions involved and
indulged in no spread-eagle oratory
whatever. ueSsrs. Upham and Nc
Carly attacked the constitutionalitv
of the law on the ground that 1t i'm
posed double taxation. They argued
tndJ Tic dNI uSoihSe thS
property of corporations and is in
conflict with the constitution, which
they contended prohibits the taxing of
corporations in way different from
individuals. They cited the action Of
the court ten years ago in knocking
out the law taxing railroads 81 per
mile in addition to their property tax.
The defense took the position that
iat h,y of m
sovereign power Of the state, and that
they should pay for the privileges and
rights thus bestowed upon them. They
claimed that for the years the court
has been intrenching itself in the
opinion that privileges and franchises
should be taxed and submitted that the
Willis law is in coDsonance with this
view. They declared that the farmers
of the constitution gave little consid-
Grafton to the question of the taxing
of corporations and said that when
the constitution was formed that there
were less than dozen corporations in
the state. 1t is expected that the court
will announce its decision next Tues.
day.
The supreme court has allowed the
motion to dispense with printing rec
ord and briefs and to advance cause on
the general docket in the case of the
auditors of Tuscarawas county against
the nine counties through which the
c. & p. road passes. The motion was
made by the plaintiff and arguments
were made on 1t by the attorneys for
several of the defendants auditors last
Thursday.
The hearing on the requisition for
the return of William Fl. Hahn, ex-
state insurance commissioner, who is
wanted in New York on a charge of
grand larceny, took place before Gov
ernor Nash Tuesday afternoon. Hahn
has been indicted on charge of ap
propriating $4,000 of the funds of the
Manhattan Fire Insurance company,
of which he was a director. Mans
field is his home. His attorneys are
fighting the requesition. The governor
has the matter under advisement
Company X, Eighth regiment, AL
lance. last week held an election at
which Captain S. M. Swarts, command
er of Company II, Shreve, was chosen
to fill the vacancy in the captaincy of
The company. The tally sheet and
ballots were forwarded to Adjutant
General Gyger, who declared the
election void on account of the ballots
being improperly marked. Eighteen
ballots were simply marked YES"
which in itself is to vague to be ac-
cepted as matter of official record
One ballot was marked mo-" while the
others contained the name of Captain
Swarts. Another election will be held,
As soon as he is qualified to take
command OF Company X his position
as captain of Company II will become
vacant
ger, of Company d, Eighth regiment,
Wooster, has rendered his resignation