The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-05-13
NEWS OF A DAY IN
GEORGIA'S CAPITAL
GEORGIA RAILROAD TAXES
FURNISH JUDGE NEWMAN WITH A
KNOTTY PROBLEM.

L. a n. r.. n. Does Not Want the
State 10 Collect Taxes UpOn the
Georgin's Property or Franchise.
Arguments of the Lessee and Oft
the State-Supreme Court Deci-
siOns in Cases Appealed from
Chatham ana Neishboring Coun-
ties.
Atlanta, May 12.-The argument In
the celebrated Georgia Railroad tax
case, in which the Louisville and
Nashville Railroad, lessee of the Geor-
gia road. seeks to enjoin the Con-
troller General from collecting state or
county taxes on any of the Georgia
roads property, franchise included,
was begun in the United States Court
before Judge Newman to-day.
The whole question of the Georgia
Railroads charter is here opened up
and the court is asked by Attorney
General John c. Hart to construe that
provision of it which applies to taxa
ton. Judge Hart contends that the
provision exemptng the stock OF the
Georgia road from taxation, except
one-half of per cent upon their" net
income, the word their" being used
in the charter, refers to the shares Of
stock in the hands of the shareholders,
and that the property of the road it.
self is liable to taxation at the gem
eral rate. Attorneys for the road, of
course, hold that the charter applies
directly to the corporations property
Judge Hart has produced numerous
United States Supreme Court decisions
in support of his contention. In any
event, he holds that the roads fran
chise is taxable. Attorneys for the
road will contend that the new fran
chise law of Georgia is unconstitu-
tional.
The argument will be continued to-
morrow.
Supreme Court Decisions.
The Supreme Court to-day decided
the following cases from Chatham and
neighboring counties:
Mcintyre, VS.. Mcintyre, probate Of
will before Judge Barrow, Chatham
Superior Court, Judgment reversed
Gould, VS.. Glass, ct. AL executors,
before Judge Seabrook, Chatham Su-
perior Court, judgment affirmed.
Mcdonald, by next friend, VS.. Sd
vannah Electric Company, damages,
before Judge Norwood, judgement re :.
versed.
Kavanaugh & Co., VS.. Southern Rail-
way Company, and vice versa, dam
ages, before Judge Norwood, judg-
ment affirmed and cross bill of excep-
ton dismissed.
Prey, ct al, VS.. Oemler, equitable
petition before Judge Barrow, Chatham
Superior Court, judgment affirmed.
CARTRIDGE, VS.. Pierpont Manufacture
ing Company, damages, before Judge
Norwood, judgment affirmed.
Simmons, VS.. Seaboard Air Line.
damages, before Judge Seabrook, Efig-
ham Superior Court, Judgment affirm
ed.
Seaboard Air Line Railroad Com
pany, VS.. Blue, damages. Liberty S,I-
perior Court, Judge Seabrook, judg-
ment affirmed.
May Cross Over to Cobb.
1t is now reported in local sporting
circles that horse racing pool room
will be opened by Atlanta sports in
Cobb county, just across the Fulton
line. The authorities of Fulton county
would, of course, be powerless to inter-
fere with the concern in Cobb but
there is no assurance of immunity from
Court decision is just as operative as
1t is in Atlanta.
No New Trial for Wife slayer.
The Supreme Court has refused a
new trial to Robert Smith of Carroll
county, who shot his wife to death
from ambush several months ago and
was sentenced to be hanged. He will
be resentenced to death, and the insan-
ity plea will then be invoked to save
his neck.
jenkins Leaves for Philippines.
Judge J. c. Jenkins, recently an
pointed judge OF the Interior Court In
the Philippine Islands, left last night
for st. Louis. He goes from ST. Louis
to San Francisco, where he takes boat
for the Philippines. Judge Jenkins was
accompanied by his family, and he said
farewell to Atlanta as his home.
Quotations on Various Products.
The scope of the Atlanta Cotton Oil
Exchange will shortly be enlarged, ana
quotations will be received, not only OH
cotton seed products. but on cotton,
grain and provisions. as are made on
other exchanges throughout the coun-
try.
>-~~~~~-~0~---~-~-~~~>~-~