The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-07
May Yet Cost the State Con-
siderable Money
MAY CAUSE EXTRA SESSION
Present Fight Being Made on Mort
gage Tax In Supreme Court Is
Attracting Much Interest.
Other Capital News.
BY HERVtY w. LAIRD.

may be stirring up a rumpus that will
cost a lot of money to suppress, and re-
suit in legislation far more expensive
than anything now on the statute boks
While it is not possible to speak alto
eether from the card 1t is safe to VEN
ture that a decision from the supreme
court outlawing the salient features of
the bill would so arouse the state Of
ficials that they would proceed at once
tc make good" somewhere else. The
fact is an extra session OF the Legislature
would come a great deal nearer follow
ing Knockout of the revenue measure
than it did the dishonoring of the LuslS
Judiciary bill
All of the serious attacks yet made on
the revenue law have come from out
of the state corporations in opposition
to payment of what the Legislature
thought they should contribute to the
expenses of the commonwealth. In one
case the oil tax law was declared UNI
constitutional in a suit brought for the
Standard Oil company. by Mr.. Charles p.
Jones' This same attorney is now leading
fight on the mortgage tax feature of
Trust company of New York, the partic-
ular complaint being the enforcement of
payment for recording a s2,OOO,0OO deed of
trust given by .ne Louisville and Nash
Vile railroad. Identical with this conten-
ton is that of the Continental Trust COM
pany of Baltimore, being sued for $1120OJ
for the record of c deed of trust in Rus
sell County, covering a mortgage of $780,
900 given by the Seaboard Air Line
railway. Mr.. Jones believes he can throw
cut the law on the grounds of improper
passage in the legislature, many of sae
contentious being the same as were found
in the Lusk bill.
Official In Earnest.
The effect of a decision invalidatng
the revenue law would be to relieve cor
porations of a certain class of taxes
which they are now called upon to pay.
This is what the state officials will UNI
dertake to defeat. From the governor
down there is marked opposition to such
a condition. One of them said: 1T has
been decided by the supreme court of
the United States that states have the
right to levy a tax on mortgage values
the same as property. Suppose this fee
for recording mortgages is knocked out
and the Governor should call the legis-
lature together-which l believe he would
de-and that body should place deeds of
trust, mortgages and other such eviden-
ces of indebtedness In the same class
with personal and real property and sub
ject it to the full tax rate of Go cents
on the hundred, instead of Is cents as
1t is now, with every county and NUM-
cipalty touched by the property mort
gagged authorized to apply their tax rates
in the same manner. would 1t not be a
very much more expensive proposition
for those who are making kick at this
time? l would draw up a bill and work
for its passage that would make every
interest effected sorry 1t began the con-
test
Corporation Site.
On the other hand the corporation con-
tends that the tax on mortgage records
is excessive, as well some other fea-
lures; also 1t is urged that it is not right
to force company having paper re-
corded to pay on the entire amount
shown when in many cases the smallest
part of the property is located in the
state. This argument is known to have
some weight with the state officials, one
of them saying he feels that it is a mat
ter for consideration at least, but all in
sist that these outside money lenders
should be made to pay to the treasury
of the state adequate compensation for
the business done. AS a whole the liti-
cation promises some lively "doins' be-
fore 1t is over, and If one of the results
is the calling of the so1ons to the capt.
toll for a few days there will be little sur
prise in official circles.
No Lives Lost.
1t has been ascertained that no lives
were lost in the collapse of the home of
Mr.. T. A. Stevenson yesterday afternoon,
though one negro was badly hurt and
may die. 1t is miraculous how the peo-
pie in the building escaped. Mrs L. A.
Stevenson and the mother Of Mr.. Ste
venson were In the building and were not
hurt, being rescued from the debris after
the fall. Fortunately the children were
at school. 1t was reported last night
that one negro had been buried under the
house, but it developed later that he
had not been at work that day. Mr..
Stevenson estimates his loss at $500. He
had just finished furnishing his house
and had commenced to make it in every
way comfortable. 1t is all sorts of mira
cles that several were not killed, as the
house is complete wreck.
Jones' Position.
In view of the fact that so much Is
being said about the republican offices
In Alabama and the plan of distributing
them by the aid of referees, expressions
of opinions by leading men and editors
are very interesting. Along this line is
one of the Mobile Register, discussing the
trip of Federal Judge Jones to Washing
ton and the reports that he will in some
way advise the President about condi-
lions in the SOUTH the paper says:
Judge Jones has never had anything
to do with helping to get anyone APP
pointed to office by the President He
did interfere when the Presidents ref
erees tried to disIodge certain deputies
because they were democrats, and was
sustained by the President, but the judge
has not taken any hand in Stating re-
publicans for office and we are sure he
will not do so. 1t will be asked What
has Judge Jones to do with the status
of the republican party?' The answer is
simply that Judge Jones is a patriotic
Alabamian, and it Is his duty, when ask
ed, to say what he thinks will be fol
the best interests of his state 1t would
be the duty of any other Albanian II
asked. to express himself. 1t Is the duty
that we perform unasked. There can be
no manner of douD. that much would be
gained by Alabama by the publication
OF the republican party and its establish
ment upon a plane of decency."
Business at Mobile.
With the interests OF the state so large
1y bound up in the future of the port
of Mobile the business of the city Il
watched with great attention, especially
in the matter of exports and imports
For tho month of Decem her 1904 tho ev