The Brandon news. (Brandon, Miss.) 1892-1961, 1907-07-18

morally satisfied Of these facts. A
friend Of mine, school-m q good
lawyer Of reputable standing, and a
gentleman, was an applicant for the
appointment as judge on the su-
preme bench, and his appointment
was urged by the railroad attorneys
and those interested for the exemption
Of the railroad from taxation. He
had been an attorney for the Illinois
Central Railroad company ever since
shortly after he was licensed to prac-
tice law. This did not reflect dis
credit upon him, bnt it made his en-
vironments such that he was likely to
see things as the railroad attorneys
saw them. was informed, as
thought reliably, that he had made
up his mind on the railroad back
taxes that the railroad was exempt
from taxation, and, therefore, if
had appointed him, holding that
opinion, his decision, with Judge
Woods, would have exempted the
railroad from taxation, not only in
that suit, but for many years to come,
il not for all time. l did not ap-
point him, but appointed Judge Sam
Terrell, who, was satisfied, had not
made up his mind in the case, and
who was equally as good lawyer, and
be sided with Judge Whitfield. and
by divided court, one, Judge Woods,
for excepting the railroad from tax
ation, AID two, Judges Whitfield and
Terrell. for holding them to the pay
ment of their taxes. decision was
rendered In favor of the state and the
counties through which the railroad
ran, for state and county taxes.
Neither the railroad nor the Herald
was so 'obtuse" as not to see that
the whole question of whether the
railroad should be held liable for
taxes or not depended npon my claw
ful" appointment of Judge who
would have the casting vote. upon
court that was equally divided, one
for and one against requiring the
railroad to pay its taxes.
The railroad only claimed exemp-
tion from taxation under an act OF the
legislature which they claimed ex-
empted them until they could earn s
per cent on the capital invested. In
1898, after an impartial jury had de-
cided that they had earned per cent
/ recommended to the legislature to
repeal that act. I did this because
they were delaying the payment of
their taxes, by appealing, first to the
supreme court Of the state, and then
to the supreme court of the United
States. They admitted that If this
act of the legislature were repealed
their appeal would not avail them and
that their property would have to go
on the tax rolls at once. I do not
think the railroad or the Herald loved
me for this recommendation.
The Herald says, speaking of me:
He was employed by the railroad as
We have been Informed and be-
l1eved to lobby in favor Of bill in
the session Of 1900 to comprom ise the
amount of the states claims as de-
creed in this fair and impartial de-
cision.' | was not employed BY the
railroad to lobby in favor of the bill
to compromise, nor to do anything
else for the railroad in the case, and
no truthful man will say that I was.
The Herald did not give the name Of
its informant.
/ was sick with pneumonia when
my official term as governor expired,
In January, 1900 Governor Harrison.
for . while, was acting governor be-
cause Of my sickness. The suits for
about one million and . half dollars
The state 8 supreme court had decided
in favoryof the state by divided
court, two for and one against. The
case was appealed to the supreme
court Of the United States could
not tell what would be the result. and |
| Was very solicitous for the colleo-
tion Of the taxes from the railroad
company and putting the railroad
property on the tax roll for futnre
taxes, and when the railroad company
offered one million dollars to compro-
mise the million and half dollars.
IS that would give one million It once
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