Daily press. [volume] (Newport News, Va.) 1896-current, 1910-08-18
DECISION RESERVED
BY JUSTICE BROWN
Object u New Law Argued by City
Attorney and a. C. 6raxton, Counsel
for Defendant Corporstlon-consti'
tvtionalisy Observation-Disclosures Com
pany's Case Continued.

After listening for six hours to the
arguments and citations of authorities
by City Attorney ]. A. Massie and AT
torney T.. NJ. Braxton. counsel for the
defendant company, Police Justice J.
ID. G. Brown yesterday evening took
under I'd yisement the case Of the Citi-
zens' Railway. Light & Power Com
pany. which appeared by counsel be-
fore the justice yesterday morning to
answer the charge of doing business
in this city without license. Justice
Brown mas not intimated when he will
render his decision n the case.
City Attorney Massie swore out war
rants against this company and the
Newport News Light & Water Com
pany for the purpose Of having the
state courts pass upon the meaning
Of the text of the act OF the last gen.
eFal assembly placing electric light.
water and gas companies under the
State Corporation Commission. The
defendant companies have refused 10
pay the license tax to Me city on the
Ayound that the new law relieves them
frem the payment OF such taxes to the
city. The case directly affects pracii-
Cally every gas, water and light COM
pany as well as every municipality in
the state and for that reason It IS
attracting widespread interest.
Technical Objection Raised.
When Justice Brown announced at
10 O'Clock yesterday morning that he
was ready TO go into the hearing OF
the two companies, Attorney Braxton
appeared fer the light company and
Attorney r. g. Bickford appeared spr
the water company. Mr. Bickford i'm
mediately announced that since the
warrant against his company was d.
rected against L. 3. Manville. as SUI
perintendent of the company. and had
not been served on Mr.. Manville. but
on an employee OF the company. he
would ask for continuance until the
proper service upon Mr. Manville
could be had. Justice Brown granted
this continuance and the warrant will
be served on Superintendent Manville
upon his return to the city Saturday
and this company probably will be
given a separate hearing in the near
future.
Mr.. Braxton announced that he
would not raise any technical objec-
ticn; that his company does not deny
that II has not paid the license tax
and that his company contends that II
request OF Mr.. Braxton II was agreed
to adjourn court TO the Corporation
Courtroom and to proceed with the ar
gument Of the case on the law.
Mr. Massie's Contention.
City Attorney shssie opened che ar
gument by stating that the charter OF
Newport News gives the city a right
to levy a license tax on public service
corporations; that when this new act
was passed the legislature certainly
iucuded th-t the CIV should have
such right and that the act was plainly
mean; II deal with state revenues
only. This was shown. he said. by
the fact that in several other acts
passed by the legislature the same
language was used as is used in the
one under which The light. gas and
water companies claim they are eN-
eupt from the payment Of the license
tax.
As the corporations rely ur0n sec
ton Of the new act to prove their