The Birmingham age-herald., 1905-01-28
The Objectionable Features.

The Objectionable Features.
 The fight has been made on that feature of the law passed by the last session of the legislature, during its closing hours, taxing foreign corporations one-tenth of one per cent on all capital employed in the state and the stipulation of fifteen cents on the s10O for the recording of mortgages or deeds of trust held by peo- pie or corporations outside of the state or inside.
 Some weeks ago the Attorney General filed suit against the Continent Trust company of Baltimore for the record tax on a deed of trust to cover a mortgage of $75oOoOoO given by the Seaboard Air Line railroad and the same thing is being done in the case of the Manhatta Trust company of New York, for 5000, on a mortgage given by the Louisville and Nashville railroad.
 The state received from the fee of fifteen cents on records of mortgages last year $590O0. To this may be added its share of the $112,0O0 and $30O0 above mentioned, If the suits are successful. What was received from corporations of outside capital cannot be gotten at as most of the tax collectors simply report corporations and do not say if they are domestic or foreign
 Loss of Revenue.
 The loss of this much reyNnue by the state many argue, would make the call ing of the legislature Iogehter almost imperative. It is figured that with the old law in effect there would not be so much received, and even if more was forthcoming 1t would leave a very large number of interests doing business and paying nothing for it. This view is pretty generally taken around the capitol There is some question about how far back the legislature would be able to make a law reach The attorney general seems to think that there are retroactive author- tiles that would allow it to extend to the rear to some extent at least. Others believe it would be able to go back sev- eral years, while still others believe that no further back than the fiscal year in which the question was raised could be taken in It is quite certain that none of the cases com mJromlse, would be ef- ected.
 Cost of Legislature.
 The cost of bringing the 140 legislatures to the capitol would not fall far short of $40. GOO. and it would be very much like the fellows who compose the body to make those who were responsible for it's calling pony" up a part of the expense account It is figured that the daily out lay of a session Is 5000. This might be pro- longed and added to by committee ses- sions and incidentals and adjourned meetings. It can only remain in session thirty days and must deal entirely with the things for which it is called, unless 1t decides to go further, by a two-thirds vote of the whole number in attendance It is cutie likely that a call would in clude the instructions to look after sev- eraI other matters which have been giv- ing trouble and all in all not be a bad thing for the state.
 No Threats Intended.
 There Is no intention, nor disposition, on the part of the executive department to threaten those who do not come up and pay these disputed fees. It is simply a matter of law. If the provisions are bad, let them be done away with, but so long as they are on the books they are to be enforced, and no more compromises go. The people of the state in assembled rep resentation made the law, which they thought was just and right, and there is no real reason why the compromise board or anybody else should go behind the statute. It is a fact, however, and that would be the reason for calling new session of the legislature, that it is con sidered that persons or corporations do- ing revenue producing business in the state should pay reasonable tax for so doing, and as some would be left free from this by invalidating the present law, it would be considered necessary to recti- fy the deficiency.
 Mrs. JeIks Going West.
 Mrs. Je1ks, wife of Governor ". D. Jelks. and her daughter, Miss Catharine Jelks, spent much of the day in Mont gomery and left in the afternoon for Bir- mingham. Tonight they will be the guests of Mr. and Mrs. F. H. Cabaniss in Birmingham, and leave for Las Vegas N. NJ, in the afternoon. to join Governor Jelks in his temporary western domcie While in Montgomery Mrs. and Miss Je,ks spent the time with the formers