The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-30
TAX CASE MUST
Be ARGUED AGAIN
Supreme Court Orders Rehearillg
Of X. =. & P. Franchise
Appeal.
AN OTHER WRIT REFUSED
Clint Trent Must Serve Term for
Killing Aus
TRANS.

Desiring that a full court hear the
argument, the Supreme Court of APP
pcals yesterday morning decided to
case of the Commonwealth against the
Richmond, Fredericksburg and Po-
tomac Railroad. one OF the most i'm
portant cases now pending in the
courts OF the Commonwealth.
TO that end an order was entered
setting aside the previous order by
which tho casc.~was submitted to the
court. and IT was decided to have a
rcargument at tho March term. The
cacs was argued on January 8 by At
torney- General William A. Anderson
for the Commonwealth, and BY Allen
Capcrton Braxton for the railroad.
Following this action. the court
adjourned yesterday morning for the
term. 1t Will meet again on March /.
The Richmond. Fredericksburg and
Potomac case involves the right OF
the State Corporation Commission to
assess that railroad for Il franchise
tax. Each year such d tax has been
levied. tho railroad contesting 1T. and
has been yearly brought before the
Circuit Court OF the city OF Richmond.
The present case was used as a test.
and was decided in the lower court
in favor of the ROAD, mainly upon u
provision III the Constitution of the
United States.
The road rests it's case upon the fact
that IL was exempt from taxation by
its original charter, and the constitu-
tional provision referred to IS that no
State has tile power TO make q law
impairing the obligations OF con-
tract
Claims Forfeiture.
1t is tho contention of the Attorney
General that the road has forfeited
that exemption from taxation by ac-
cepting amendments to It's charter at
the hands of the Legislature
At the hearing in January Judge
John y. Buchanan. II member OF the
court, was absent in a hospital In Bal
timore. He has now recovered, and
will be in his seat ut tho March term.
The question IS or so much imports
anco both 10 the railroad and to the
pcople of the state. that 1t was deem
cd best to haze 1t heard by full
court.
This being another case, like that
involving the state debt. which Major
Anderson has worked upon for long
time. there WAS some speculation yes
terday as TO whether he would not be
retained to again argue the case when
1t comes up on the first day st tho
March term.
Another Criminal Case.
Before adjournment yesterday. the
tz.yNN q II
writ OF error IN the Little case. made
similar decision in another murder
matter. This was in the case CO Clint
Trent against the Commonwealth
from the Circuit Court of Russell
county,
Trent was the man who killed three
Austrians some time since, was con-
yicted and given a sentence OF hfc
years In the penitentiarY in each case.
making Il total of fifteen years.
The three dead men were named
Mile Cemots, Mike ycrbanitch and
steve Mislef. The men engaged in q
quarrel after drinking quantity OF
liquor. 1t was alleged that man
named Thompson, who was With Trent
pulled a pistol. and that Trent, WISH
Ing TO avoid trouble. took Thonlpsons
pistol and broke It one OF the Aus
TRANS then drew reNolVcF' MHleA
Trent took away from him With THIS
pistol Trent killed the three foreign
crs. whom he claimed Individually at
tackled him. one of them with shot
gun.
The prisoner was tried on the three
cases at the same time. The jury
found him, not guilty of murder. but
guilty OF voluntary manslaushter. He
must now serve at least a part of his
term.