The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-30
GREAT BATTLE
0N.OvE|.R:| ]. !. TAXES |. \ J / !: J
Gases Involving State Revenues cv'ee,nn'ut''c'ss
to Come Up onsEvcry Con
ccivablc Point. 5'a5
LAWYERS ARE WORKING HARD
Injunction Matter Now With
Judge Ingram While Appeal
Cases arc Before Hastings.

@2 one Of the most interesting and far
reaching cases tried in Virginia in many
years, is that involving the assessment
OF the real estate Of the Commonwealth
for year 1906 Which will be heard by the
Supreme Court ut a special session be-
ginning on April 10th.
Public attention hrs ALREADY been
sharply directed to the matter, but II
took All interesting turn yesterday, when
argument was completed before Judge
ingram. iot the Law and Equity Court,
,lpon one fthc many points upon
which the case is to come UP. 544H
This was an Injunction proceeding,
saekfng to restrain Commissioner OF the
Revenue o. a. Hawkins. Of this city,
from extending the new assessment upon
his books. 5
IT was brought By Mcssrs. O'1Tlahcrty
and Fulton and James e. Cannon, attor-
gncys for certain interests, and the. style
or the cause is Cannon and others vs..
Hawkins. asE lsa3'i s}
Mir. + ID. 4. sCo,Flaherty#and Mr. James
IL. Cannon argued for the Injunction.
and it was opposed by City: Attorney H
n. Pollard and Attorney General Ailder-
3SJJ1. TtyOnllQOIlNCatlIlS SSLtllOIHcS
SFolkcs was fprescntgon behalf of the city,
but din not speak. The decision OF the
court will be handed down later, but
WHAT 1t may be, the matter Will be
taken 1p to the court, OF last resort by
consent.
Before Judge Witt.
The matter before the Hastings Court
is that Of d. c.. O'Itlaherty, substituted
trustee for the estate OF Franklin
Stearnes, and the yNhitlock estate, repre-
scented By Mr.. Cannon. This, too, will so
sup along with the first one, and the
third will be a nlandanus proceeding by
these interests, seeking TO require the
commission TO extend the old assess
ment instead OF the new one upon his
books. y
Attorney General Anderson is busy pre-
pairing his answer in the latter cause. IN
which the Supreme Court has original
jurisdiction. H
1T WILDE a great legal battle and one
over d subject of vital importance to the
people and the State. 81
Id Many questions will be raised, and the
case will be fought out on all conceivable
points, so that the settlement by tie
court will be at once final. lSi
How It Came Up.
Thc issue was raised first by Mr.. Can
non in the Hastings Court, whercahc WAS
appealing from certain a assessments made
upon the property 4of his clients by the
board OF assessors. 535t
lie contended that the.nct OF l0G'-4 ul,-
der which the assessors proceeded was
unconstitutional, because 1t received Two ~,
votes less in the Senate than the constl-
tuition requires. Again Mr.. Cannon con-
tended that a subsequent act passed pS
tho last legislature. seeking to cure thls
constitutional defect In the previous one
was nun and void. upon the ground thai
tho legislature could not by q subse-
#uI1cnt act, validate one that was clearly
involved. lie further asserted that the
recent act itself could not apply, for9it
would thus be retroactive IN Its opera
tons, S5,aa9
The city and state attorneys are pre-
pairing, their side In n most eHhhusti tive
manner, and feel sure they will be able
ia break down the contentious OF those
who arc making the fight for their
clients. 4.
4The decision Of the court Of last re-
sort will be earnestly awaited By the
public, as the questions involved fairly
briste with public interest,