The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-06
RAILROAD TAX CASE
NON|BEFOREC0
Argument in Richmond, Fred
cricksburg and Potomac Fran
cl1ise Assessment Is Begun.
ATTORNEY GENERAL SPEAKS
-Four Hours Of Specializing,
Allowed-Hardy Case Is
Submitted.

Considering the Importance OF the
points involved, the Supreme Court
yesterday granted leave to counsel IN
the Richmond, fredericksburg and Po-
tcrnac franchise tax case 10 deSote
four hours to argument. the RUE is
a maximum of two and one-hait hours
in each case before the conrt--one
and quarter hours to each SIDE.
The case Of the commonwealth
against the Richmond, Frede ricksburg
and Potomac road. considered one OF
the most important to be heard IN the
Supreme Court for several years. was
called at noon yesterday. The argu-
William a. Anderson, who occupied
one hour and fifteen minutes of his
two hours. He was followed by Allen
CapeTton Braxton for the railroad
only few minutes before court adj
tourned for the day. He VIII con-
clude his argument this morning, and
the Attorney-General will close for the
Commonwealth. 4
Involves Franchise Tax.
Each year the State Corporation
Commission has been assessing a fran
chise tax against the Richmond. Fred
ericksbnrg and Potomac Railroad. in
spite of the exemption from taxation
each occasion the company has resisted
payment taking the matter to the
Circuit Court of the city of Richmond.
The case Mt bar was decided in favor
of the railroad in the lower court. and
was made test case.
The contention OF the Common
wealth, as indicated In the argument
of the Acknowledgement, Is that the
exemption from taxation in the char
ter of the road did not apply to fran
chise taxes. and that If it did so APP
ply. 1t has been forfeited by the ac-
ceptance of certain amendments con-
ferred by the General Assembly.
Major Anderson made what was con-.
sidered sinsularly strong argument.
This case has been made a. favorite
study by him, and he has carefully
prepared himself for its presentation
to the Supreme Court, in spite of his
recent activities in the State debt mat
Ter. Mr.. Braxton's main argument
comes to-day.
Hardy Case Submitted. Q
The fate of Samuel Hardy is now in
the hands of the court. Upon the
opening of yesterdays session. Hill
Carter, of Richmond, made the final
for the Nansemond county
prisoner, who is under sentence of
death for murder. a decision Is likely
to be rendered within two or three
weeks.
Following the Hardy case. the cause
of Frank Dix against the Common
wealth. was argued by w. IS. Sanders
and I. j. Downing. for the plaintiff In
error, ana by ASSISTANT Attorney
General Robert Catiett, for the Com
inonwealth. and submitted.
Nix was convicted on January 90
/ 309. in the Circuit Court of LANCASTER,
county, of unlawfully selling liquor
and was fined SIS add put under q
bond OF $500, The absence OF ma
terial witness is the main ground for
the contention for new trial.
Next Cnses.
The next cases to be called are as
follows: Beury and others against Da-
Wis, Jr.. on the privileged docket; Mill
Ter and others against Pennirnan &
Brother and others: Wood and others
against Trodway and others: Norfolk
and Western Railway Company against
Blackstone Ciuano Company: Carter
against Jcffries; Norfolk and Western
Railway Company against Overton's
administrators. city of Richmond
against Lambert and others. being
cases Nos. 10 and IS to 29, inclusive.
on the argument docket.