The Montgomery advertiser., 1909-06-04
WILL FIGHT
HIGH LICENSE
Western Union Carries
Case Up.
WANTS A STATE DECISION
Appeal Taken from Taxation Of
Talladega.
II IL Charged That the prohibitions
!. Law which Cut on Much Rev
enue Is Responsible For the
High License. Is

That the Western Union Ieiekrapn
Company intends to fight to the court
of last resort. the oppressive burdens
of taxation that have been laid on ~
since the Statewide prohibition act
went into effect in this State, was IN
dicated in case submitted yesterday
morning to the Supreme Court by w.
NJ williams, of counsel for the cor
poration. 1t was the appeal OF the
case of City of Talladega VS.. ID. u.
Williams, the defendant being the OPP
orator at Talladega, who refused TO
nav the license tax charged the COM
pany for doing business in that city.
The appeal is from the City Court Oh
Talladega, where the agent was con-
yicted and fined for not himself taxing
out the license Of 500 charged by the
city for 1908, nor causing the COM
pany to procure a license.
In the brief. of considerable length.
filed with the case, are set out sew
eral propositions on which the COM
pany's counsel hope to win decision
which will annul all municipal taxes
on the company. Mr.. Williams. Oh
counsel for the defendant said yester-
day that in two OF the lower court de-
cisions their case had been won on
the same pleas as were turned down
by the Talladega court. Now 1t Is de-
sired to get a fnal decision OF the
Alabama Supreme Court, and II relief
is not here given. 1t is promised that
the case will be taken straight TO the
United States Supreme Court.
One of the first contentious OF the
Western Union is that the license hxed
by the city of Talladega Is unreason-
able and prohibitive. 1t 10 set out
that the company was actually oper-
ating at q loss in that city on intra-
State business IL the license sticks.
The license is only to do business of an
intra-State character. the United
States government having long ago
permanently licensed the corporation
TO do an interstate business.
And here is interposed what the COM
pany believes to be its most forcible
claim--its license from Congress to
erect and maintain telegraph lines.
the consideration being that the cor
poration should carry at reduced rates
messages of the government ana that
such business should have precedence
over all commercial kilograms. More
over, 1t Is argued that in accordance
with the congressional act of 1856 the
Western Union awaited itself OF the
privileges and conditions therein con-
tanned and that Its rates are now and
have always been fixed by the govern
ment for the transmission OF mes
sages over its lines.
It is emphasized in appellants brief.
that the rates not alone OF interstate
business Is. flxed by Congress, but
those applying to intra-State business
as well 1t Is all done In pursuance
of the constitutional provision that
Congress shall have the right TO erect
and maintain post roads. In SUISSE
quent legislation, It is said Congress
has made railroads post roads.
Since Congress has interfered to NIX
the rates of intrastate business 1t is
inferred that the intention was 10
grant the company the privilege to
carry on an intrastate business. 1t
would be incomplete work of Congress,
to have privileged the company to do
its interstate business ana not granted
the license at the same time to do|in-
trastate business as for purposes OF
the government IL would be as neces-
sAry to send messages between points
within the State as from point with.
In to one without the State.
Hence, any burden imposed by
municipality such as that by the city
of Talladega, where the license ex-
ceeds the total receipts at that point
with post road regulations Of Uncle
Sam.
Blamed ON Prohibition,
The company's counsel reports that
since prohibition became a general
law In Alabama an unbearable burden
mas been put on them in the agKre-
gate by the cities and towns through
which It's lines run. In many places,
in the eagerness of the officers TO meet
the deficit caused by the failure Of
liquor licenses, taxes have been I'M
posed on the company, which IL is
feared, will cripple its future opera
lions.
There have been a few instances OF
licenses being charged the company by
town or city, said one of the law.
yers for the defendant yesterday, but
we did not raise any loud complaint
at the time. 1t was only when the
practice became general within the
last year or two that 1t was regarded
as necessary to fight for our property
rights"
1t was admitted by the brief of the
appellant that they State and United
States Supreme Court had decided
against the company in similar con-
tests. but that tho case was never pre-
scented in the light that 1t now goes
up for determination.
The supreme Court handed down
opinions in the following cases yester-
day:
Dowdell. c. J.-Smythe Lumberf Co.
VS. BENJAMIN W. Austin. ct al, appeal
from Geneva circuit court, affrmed.
Simpson. J.-State Of Alabama ex
rel Attorney General Alexander M.
CARRIER VS.. Frank Cazalas, Sr., Sheriff,
etc. impeachment proceedings order
and Judgment of court that the said
Frank Cazalas, Sr., be and is hereby
removed from the office OF sheriff Of
Mobile county.
Anderson. J.-Adaline Burton VS.. q.
W. Phillips, et al. appeal from Walk
er circuit court. reversed and re-
manded.
Ed W. King VS.. Bolton Gilreath,
trustee. appeal from Walker probate
court, affirmed.
benson J.-Alonzo Bailey VS.. State
of Alabama. appeal from Montgomery
city court, affirmed.
Mcclellan, flames Feore VS.. A.
Berg: garnishee. etc, appeal from Mo-
bile law and equity court, affirmed.
Mayfeld, IN. B. SeweIl VS.. James
Buyck appeal from Gilmore chancery
court. affirmed.
After hearing criminal cases submit